Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, hear the record of another D-Day involving a man named Moses. Exodus, Chapter 15:15, 18:
"Then the Lord said to Moses, 'Why do you cry to me? Tell the Israelites to go forward. But you lift up your staff, and stretch out your hand over the sea and divide it'... 'And the Egyptians shall know that I am the Lord'... "
Let us pray.
Lord God, the Almighty, from a human point of view there were many elements that were not in place for a sure victory. You heard the human cries and prayers for freedom from the bondage of human tyrants!
For the sacrifices of thousands who died on the beaches, never living to hear the shouts of victory... but who, today, from their places in Heaven, join with us to say "GLORY-GLORY-GLORY be to You, O God, who gave us the victory," we thank You!
Amen.
At 2:04 P.M., Senator J. VERNE SMITH made the point that a quorum was not present. It was ascertained that a quorum was not present.
Senator J. VERNE SMITH moved that a Call of the Senate be made. The following Senators answered the Call:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Verdin Waldrep Wilson
A quorum being present, the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following were received and referred to the appropriate committee for consideration:
Document No. 2610
Agency: Department of Public Safety
Subject: Article 9 In Car Camera Videotaping Equipment
Received by Lieutenant Governor June 6, 2001
Referred to Judiciary Committee
Legislative Review Expiration October 4, 2001
(Subject to Sine Die Revision)
Document No. 2611
Agency: Department of Public Safety
Subject: Article 7 Highway Patrol, Subarticle 1 Wrecker Regulations
Received by Lieutenant Governor June 6, 2001
Referred to Judiciary Committee
Legislative Review Expiration October 4, 2001
(Subject to Sine Die Revision)
Senator PASSAILAIGUE introduced Dr. Allen Johnson of Charleston, S.C., Doctor of the Day.
At 4:30 P.M., Senator O'DELL requested a leave of absence until 10:00 A.M. in the morning.
At 5:30 P.M., Senator DRUMMOND requested a leave of absence from 6:00 - 8:00 P.M.
Senator DRUMMOND rose for an Expression of Personal Interest.
Mr. PRESIDENT and Ladies and Gentlemen of the Senate:
I would like to make a unanimous consent motion that, when we adjourn today, we stand adjourned in memory of all those who gave their lives 57 years ago. I want to thank the Chaplain for bringing it to our attention. It's the first time I've heard anyone mention it today. I don't think they mentioned it across the Hall and I don't think our children in school realized what happened 57 years ago.
It was a group of young men, mostly from America, who stormed those beaches in Europe. They came from the villages and they came from the farms and some came right out of college. It was not solely for America. It was for the whole world. Why it is not taught in history books is beyond my comprehension.
We are having the Holocaust Museum dedicated this afternoon and you've seen on television how many millions were put to death in those concentration camps. As you are aware, I spent about ten months in a prisoner-of-war camp and I saw some of that myself. It is beyond belief that in America, as great as we are, that we don't teach our children the sacrifices that were made. I was flying my plane and I could see down below. I saw a lot of young people die that day -- young men trying to get ashore.
I want to thank the Chaplain and I want to thank the Senate for recognizing this special day.
On motion of Senator GIESE, with unanimous consent, Senator DRUMMOND's remarks were ordered printed in the Journal.
On motion of Senators HUTTO and MATTHEWS, the Privilege of the Chamber, to that area behind the rail, was extended to Mrs. Margaret Williams of Orangeburg, S.C., wife of the late Senator Marshall B. Williams.
On behalf of his Excellency, James H. Hodges, Governor of the State of South Carolina, Senators HUTTO and MATTHEWS presented the Order of the Palmetto to Mrs. Williams.
Senator RYBERG rose for an Expression of Personal Interest.
Senator COURSON rose for an Expression of Personal Interest.
Mr. PRESIDENT, let me reiterate what the Senator from Aiken had to say about the Senator from Greenwood. I was honored to visit Normandy in 1987 with Senators JOHN DRUMMOND and STROM THURMOND, which was a unique opportunity. France's President Francois Mitterand personally thanked and then hugged Senators THURMOND and DRUMMOND for helping liberate his country from Axis occupation. To observe this was a very interesting and emotional experience.
As many of you know, Senator THURMOND was with the 82nd Airborne. He landed in a glider in German occupied France on June 5, 1944. The gliders had 82% casualty ratios. Senator DRUMMOND was flying a P-47 Fighter.
You will recall that this body recently adopted a South Carolina Senate Resolution thanking Senator THURMOND for his exemplary public service. A few weeks ago, Senator DRUMMOND and I were in Washington, D. C., and had the privilege of presenting the Resolution to Senator THURMOND. He was very appreciative.
Again, being in Normandy to see the gratitude expressed by the French to Senators THURMOND and DRUMMOND was a tremendously moving experience and one I will cherish for the rest of my life. Senator DRUMMOND, we owe you a debt of gratitude. Thank you.
On motion of Senator THOMAS, with unanimous consent, Senator COURSON's remarks were ordered printed in the Journal.
Senator WILSON rose for an Expression of Personal Interest.
This obviously is a very historic day. It is D-Day, the 6th of June. It's just wonderful that our Chaplain, Pastor Meetze, and our war hero, Senator DRUMMOND, were recognized today. D-Day, June 6, 1944, was the beginning of the rollback of totalitarianism, being Nazism and Communism, from Berlin to Moscow.
As a member of the National Guard, I am very proud of the people who serve in the National Guard. Today, Senators LEVENTIS, RAVENEL, HAWKINS and myself have done something very difficult. We told the Senator from Dorchester that we were going to recognize and present an award to the Senator from York. We indicated to the Senator from York that we were going to present an award to the Senator from Dorchester. In fact, we are. However, each thought it was for the other person when, in fact, this is a double recognition program. We've got two people, as you well know, who deserve double recognition.
The first is for my former seatmate, fellow JAG section officer of the 218th Mechanized Infantry Brigade at Newberry -- that would be newly promoted "Colonel" WES HAYES. This is just such a wonderful occasion for a person, a West Point Graduate, who indeed is an officer and a gentleman. At this time, the Senator from the Holy City will proceed to get the Eagles from the General and present the Colonel's Eagles. This is effective April 24, 2001. I present to you COLONEL ROBERT WESLEY HAYES, JR.
I want to thank the Senator from Dorchester. He and the Senator from Sumter kept pushing me to try and get things organized for this recognition. And it works out for both recipients.
By Permanent Order 45-4, to The Honorable WILLIAM S. BRANTON, announcement is made of the following award: The award is the South Carolina Meritorious Service Award, Period of Service, 10 July 2000, reason for outstanding achievement by Order of the Governor, Stanhope S. Spears, Major General, S. C. Army National Guard, Adjutant General. The Meritorious Service Medal is presented to Colonel "Retired" WILLIAM S. BRANTON for Exceptional Meritorious Service while participating in an employee support of the Guard and Reserve aboard a C-9 Navy aircraft on 10 July 2000. Senator BRANTON took immediate action to administer CPR to a fellow passenger who suffered a seizure, lost consciousness and stopped breathing in a cross-country flight from South Carolina to California. His decisive action saved the life of the passenger by restoring his breathing. Thereafter, Senator BRANTON remained with the passenger until the aircraft made an emergency landing in New Mexico and the passenger was placed in the care of ground medical personnel. Senator BRANTON is a retired colonel in the S. C. Army National Guard. His quick action, sense of duty and compassion reflect great credit upon him and are in keeping with the highest traditions of the Senate and the South Carolina National Guard. Citizens in peace, Citizens in War, now and forever, Given my hand this 23rd day of May, 2001, Stanhope S. Spears, Major General, S. C. Army National Guard, Adjutant General.
Again, our Senator from the Holy City is going to pick up a medal and a plaque for our hero Senator, Senator "Colonel" BILL BRANTON.
Congratulations to you both.
On motion of Senator THOMAS, with unanimous consent, Senator WILSON's remarks were ordered printed in the Journal.
On motion of Senator WILSON, the Privilege of the Chamber, to that area behind the rail, was extended to Brigadier General Harry Burchstead, Major Barry Bernstein and Chief Warrant Officer Kenneth Buck.
On behalf of Major General Stanhope Spears, Adjutant General of South Carolina, Senator WILSON presented silver eagles to Senator HAYES upon his promotion to Colonel in the S. C. Army National Guard.
On behalf of Major General Stanhope Spears, Adjutant General of South Carolina, Senator WILSON presented the S. C. Meritorious Service Award and medal to Senator BRANTON.
Both were commended for their devotion to duty and years of dedicated service.
The following appointment was transmitted by the Honorable James H. Hodges:
Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
John T. Poole, Jr., 485 Grand Oak Way, Moore, S.C. 29369
The following were introduced:
S. 738 (Word version) -- Senator Verdin: A BILL TO AMEND SECTION 9-1-650, 9-1-1580, 9-1-1590, AS AMENDED, 9-11-40, AS AMENDED, 9-11-80, AS AMENDED, AND 9-11-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRELATION OF MEMBERSHIP IN THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, DISABILITY RETIREMENT UNDER THESE SYSTEMS, AND RETURN TO ACTIVE SERVICE WHEN RETIRED UNDER THESE SYSTEMS, SO AS TO ALLOW A MEMBER TO RECEIVE DISABILITY RETIREMENTS WHILE WORKING IN THESE CORRELATED SYSTEMS, TO ELIMINATE THE EARNINGS LIMITATION APPLICABLE TO DISABILITY RETIREMENT UNDER THESE SYSTEMS AND EXEMPT DISABILITY RETIREMENT BENEFICIARIES WHO RETURN TO COVERED EMPLOYMENT FROM THE SERVICE RETIREMENT EARNINGS LIMITATIONS, TO PROVIDE THAT DISABILITY BENEFITS ARE DISCONTINUED OR REDUCED ONLY IF THE MEDICAL BOARDS FIND THAT THE BENEFICIARIES ARE ABLE TO RETURN TO GAINFUL EMPLOYMENT IN THE SAME OR A SUBSTANTIALLY SIMILAR OCCUPATION TO THE ONE FOR WHICH THEY WERE DETERMINED TO BE DISABLED, AND TO PROVIDE THAT THESE BENEFICIARIES WHEN RETURNING TO COVERED EMPLOYMENT IN THIS SYSTEM FROM WHICH THEY RETIRED ARE NOT MEMBERS OF THE SYSTEM AND TO PROVIDE AN EXCEPTION.
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Read the first time and referred to the Committee on Finance.
S. 739 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN STATE INSURANCE PLANS, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS EMPLOYED BY AN ENTITY WHOSE EMPLOYEES ARE ELIGIBLE FOR STATE INSURANCE PLANS WHO ARE PERMANENTLY DISABLED IN THE LINE OF DUTY AND WHOSE EMPLOYMENT IS TERMINATED AS A RESULT OF THE DISABILITY ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS AND STATE PAID PREMIUMS; AND TO AMEND SECTION 8-11-40, AS AMENDED, RELATING TO SICK LEAVE, SO AS TO PROVIDE THAT PERMANENT FULL-TIME STATE EMPLOYEES AND LAW ENFORCEMENT OFFICERS WHO ARE TEMPORARILY DISABLED AS A RESULT OF AN ASSAULT ARISING OUT OF AND IN THE COURSE OF THEIR EMPLOYMENT MUST BE PLACED ON ADMINISTRATIVE LEAVE WITH PAY BY THEIR EMPLOYER RATHER THAN SICK LEAVE.
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Read the first time and referred to the Committee on Finance.
S. 740 (Word version) -- Senator Bauer: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 741 (Word version) -- Senators Ryberg, Richardson, Giese, Mescher, Peeler, Wilson, Gregory, Grooms, Fair, Martin and Branton: A BILL TO AMEND SECTION 44-48-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SEXUALLY VIOLENT PREDATOR ACT, SO AS TO PROVIDE THAT THE DEFINITION OF "SEXUALLY VIOLENT OFFENSE" INCLUDES EXPOSING OTHERS TO HUMAN IMMUNODEFICIENCY VIRUS.
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Senator RYBERG spoke on the Bill.
Read the first time and referred to the Committee on Judiciary.
S. 742 (Word version) -- Senator J. Verne Smith: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 56, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ADMINISTER A PILOT PROGRAM WITH UP TO TEN PARTICIPANTS FOR UP TO FIVE YEARS, WITH A POSSIBLE FIVE-YEAR RENEWAL, FOR THE PURPOSE OF TESTING AND EVALUATING INNOVATIVE ENVIRONMENTAL APPROACHES TO ACHIEVE SUPERIOR ENVIRONMENTAL PERFORMANCE NOT OTHERWISE AUTHORIZED UNDER EXISTING LAW, TO REQUIRE PARTICIPANTS TO BE MEMBERS OF THE SOUTH CAROLINA ENVIRONMENTAL EXCELLENCE PROGRAM, TO ESTABLISH PILOT PROGRAM PROCEDURES AND BASIC TERMS OF AGREEMENT BETWEEN THE DEPARTMENT AND PARTICIPANTS, TO REQUIRE PUBLIC NOTICE OF AGREEMENTS BEING CONSIDERED FOR APPROVAL OR REVOCATION, TO AUTHORIZE VARIANCES FROM EXISTING LAW, AND TO REQUIRE PARTICIPANTS TO COMPLY WITH CERTAIN REPORTING AND ENFORCEMENT PROCEDURES.
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Read the first time and referred to the Committee on Medical Affairs.
S. 743 (Word version) -- Senators Bauer and Wilson: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 93 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE "PROJECT PET" SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO LOCAL PRIVATE NONPROFIT GROUPS OFFERING ANIMAL SPAYING AND NEUTERING SERVICES.
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Read the first time and, on motion of Senator WILSON, with unanimous consent, ordered placed on the Calendar without reference.
S. 744 (Word version) -- Senators Ryberg, Gregory and Thomas: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION AND DEPARTMENT OF CORRECTIONS TO COORDINATE THE USE OF INMATE LABOR TO PICK UP LITTER FROM HIGHWAY RIGHTS-OF-WAY AND REGULAR MOWING MAINTENANCE OF HIGHWAY RIGHTS-OF-WAY.
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Senator RYBERG spoke on the Resolution.
Introduced and, on motion of Senator RYBERG, with unanimous consent, ordered placed on the Calendar without reference.
S. 745 (Word version) -- Senators Hutto, Pinckney and Matthews: A SENATE RESOLUTION EXPRESSING THE GRATITUDE OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE RUFUS E. FERGUSON, SUMMARY COURT JUDGE FOR ALLENDALE COUNTY, FOR HIS MORE THAN TWENTY-FIVE YEARS OF SERVICE ON THE BENCH UPON THE OCCASION OF HIS RETIREMENT.
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The Senate Resolution was adopted.
S. 746 (Word version) -- Senators Wilson, Bauer, Courson and Patterson: A BILL TO ESTABLISH SINGLE MEMBER ELECTION DISTRICTS AND ONE AT-LARGE DISTRICT FROM WHICH TRUSTEES OF RICHLAND-LEXINGTON SCHOOL DISTRICT 5 ARE ELECTED.
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Read the first time and ordered placed on the Local and Uncontested Calendar.
On motion of Senator WILSON, with unanimous consent, S.746 was ordered to receive a second and third reading on the next two consecutive legislative days.
H. 4210 (Word version) -- Reps. Haskins, Wilkins and Townsend: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF EDUCATION TO NOTIFY SCHOOL DISTRICTS WHEN FEDERAL FUNDING IS AVAILABLE UNDER THE CHILDREN'S INTERNET PROTECTION ACT AND TO REQUIRE SCHOOL DISTRICTS TO APPLY FOR SUCH FUNDING, TO ADOPT INTERNET SAFETY POLICIES, AND TO CERTIFY TO THE DEPARTMENT THAT THEY HAVE COMPLIED WITH THE REQUIREMENTS OF THIS JOINT RESOLUTION.
Read the first time and, on motion of Senator GIESE, with unanimous consent, ordered placed on the Calendar without reference.
H. 4223 (Word version) -- Reps. Huggins, Bingham, Frye, Knotts, Koon, Riser and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT "JEWEL OF SOUTH CAROLINA VISITOR INFORMATION" SIGNS AT EIGHT LOCATIONS ALONG THE STATE'S HIGHWAYS THAT PROVIDE A TELEPHONE NUMBER WHICH ALLOWS A CALLER TO OBTAIN PRE-RECORDED INFORMATION REGARDING ACTIVITIES OCCURRING IN THE CAPITAL CITY/LAKE MURRAY COUNTRY TOURISM REGION.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4233 (Word version) -- Rep. Edge: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE NORTH BRIDGE FOR WESTBOUND TRAFFIC ON SOUTH CAROLINA HIGHWAY 9 AT THE WACCAMAW RIVER IN HORRY COUNTY AS THE "JABY COX BRIDGE" IN MEMORY OF THE LATE JABY COX, A DISTINGUISHED CITIZEN OF HORRY COUNTY AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 4252 (Word version) -- Rep. McLeod: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF 1994 NOBEL PRIZE LAUREATE IN PHYSICS, DR. CLIFFORD G. SHULL, AND HIS WIFE, MARTHA-NUEL SUMMER SHULL, A NEWBERRY NATIVE, WHO DIED RESPECTIVELY ON MARCH 31, 2001, AND APRIL 4, 2001, AND WERE BURIED IN NEWBERRY'S ROSEMONT CEMETERY.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4253 (Word version) -- Reps. Hosey, Harvin, Weeks, Govan, G.M. Smith, Phillips, Allison, Barrett, Bingham, J. Brown, Cato, Chellis, Clyburn, Frye, Gilham, M. Hines, Keegan, Kelley, Koon, Lloyd, McCraw, McGee, Merrill, Ott, Rhoad, Rivers, Rutherford, Sinclair, F.N. Smith, Stille, Stuart, Thompson, Walker and J. Young: A CONCURRENT RESOLUTION TO WELCOME THE SCOTTISH RITE BICENTENNIAL CELEBRATION AND BIENNIAL SESSION TO CHARLESTON, SOUTH CAROLINA, BEGINNING THE LAST WEEK OF SEPTEMBER 2001 AND EXTEND THE BEST WISHES OF THE STATE OF SOUTH CAROLINA TO THE SCOTTISH RITE BRETHREN, DELEGATES, AND VISITING DIGNITARIES.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4254 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND AND HONOR THE MEMBERS AND COACHES OF THE RICHLAND NORTHEAST HIGH SCHOOL "CAVALIERS" BASEBALL TEAM ON THE OCCASION OF CAPTURING THE 2001 CLASS AAAA STATE BASEBALL CHAMPIONSHIP.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 4256 (Word version) -- Reps. Howard, Cobb-Hunter, J.H. Neal, J. Brown, Scott, Govan, Moody-Lawrence, Mack, Lloyd, Allen, Breeland, R. Brown, Clyburn, Gourdine, J. Hines, M. Hines, Hosey, Kennedy, Lee, Parks, Rutherford, F.N. Smith, Weeks, Whipper, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, G. Brown, Campsen, Carnell, Cato, Chellis, Coates, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Hinson, Huggins, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Law, Leach, Limehouse, Littlejohn, Loftis, Lourie, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, J.M. Neal, Neilson, Ott, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, Simrill, Sinclair, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE RONALD G. "BEN" BENJAMIN, ASSISTANT TO THE SERGEANT AT ARMS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES FOR HIS DEDICATED THIRTY-ONE YEARS OF SERVICE TO THE STATE, HIS COMMUNITY, AND THE HOUSE OF REPRESENTATIVES.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator GREGORY from the Committee on Fish, Game and Forestry polled out H. 3599 favorable with amendment:
H. 3599 (Word version) -- Reps. Rodgers and Gilham: A BILL TO AMEND SECTION 50-5-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SOUTH CAROLINA MARINE RESOURCES ACT OF 2000, SO AS TO FURTHER DEFINE AND PROVIDE FOR BAITING OF "PEELER TRAPS".
AYES
Gregory Branton Drummond Grooms Holland Hutto Land McGill Mescher Moore Passailaigue Peeler Ravenel Ritchie Verdin Waldrep
Elliott
Ordered for consideration tomorrow.
Senator GREGORY asked unanimous consent to give the Bill a second and third reading on the next two consecutive legislative days.
Senators FORD, GLOVER and JACKSON objected.
Senator PEELER from the Committee on Medical Affairs polled out H. 4003 favorable:
H. 4003 (Word version) -- Reps. Barfield, Limehouse, Whipper, Allison, Askins, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harvin, Hayes, J. Hines, Hosey, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Leach, Lee, Lloyd, Loftis, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J.M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, D.C. Smith, F.N. Smith, J.R. Smith, Stille, Taylor, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, White, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO PROVIDE THAT INDIVIDUALS HAVE THE RIGHT TO BE PROVIDED WITH EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENT FOR A POTENTIALLY LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, AND TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT.
AYES
Peeler J. Verne Smith Moore Courson Giese Thomas Hayes Jackson Short Fair Hutto Branton Ravenel Passailaigue Ford Pinckney
Anderson
Ordered for consideration tomorrow.
S. 327 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE NUMBER OF LITTER CONTROL OFFICERS WITHIN A COUNTY AND TO AUTHORIZE LITTER CONTROL OFFICERS WHO ARE CERTIFIED AS LAW ENFORCEMENT OFFICERS TO PERFORM ARRESTS RELATING TO THEIR PRIMARY DUTIES OF ENFORCING LITTER CONTROL LAWS; AND TO AMEND CHAPTER 15, TITLE 23, RELATING TO THE GENERAL POWERS AND DUTIES OF SHERIFFS, BY ADDING SECTION 23-15-140, SO AS TO PROVIDE FOR THE DESCRIPTION OF THE OFFICIAL BADGE TO BE WORN BY THE STATE'S SHERIFFS AND DEPUTY SHERIFFS.
The House returned the Bill with amendments.
Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being concurrence with the House amendments.
Senator McCONNELL proposed the following amendment (JUD0327.004), which was adopted:
Amend the bill, as and if amended, page 2, beginning on line 14, in Section 4-9-145(B), as contained in SECTION 1, by striking lines 14-23 and inserting therein the following:
/ (2)(a) A litter control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of enforcement of litter control laws and ordinances and other state and local laws and ordinances as may arise incidental to the enforcement of his primary duties only if the officer has been certified as a law enforcement officer pursuant to Article 9, Chapter 6, Title 23.
(b) In the absence of an arrest for a violation of the litter control laws and ordinances, a litter control officer authorized to exercise the power of arrest pursuant to subitem (a) may not stop a person or make an incidental arrest of a person for a violation of other state and local laws and ordinances.
(3) For purposes of this section, the phrase 'litter control officer' means a code enforcement officer authorized to enforce litter control laws and ordinances." /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
S. 394 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-135, SO AS TO PROVIDE THAT COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY CASES MUST MAKE CERTAIN DISCLOSURES UPON THEIR APPOINTMENT.
The House returned the Bill with amendments.
Senator LEVENTIS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being concurrence with the House amendments.
Senators McCONNELL, MARTIN and HUTTO proposed the following amendment (JUD0394.026), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-135. (A) For purposes of this section:
(1) 'family member' means a guardian ad litem's spouse, child, father, mother, sister, or brother;
(2) 'relationship' means blood, marriage, social, familial, business, or financial relationship but does not include mandatory membership in a professional licensing organization.
(B) Whether by consent order or otherwise, a guardian ad litem appointed by the family court in a custody case must, within fifteen days after receipt of notice of the appointment, provide to each party in the case, on a form approved by Court Administration, written disclosure of the nature, duration, and extent of any and all relationships set forth in subsection (A) and known to the guardian between:
(1) the guardian ad litem and the parties and the parties' attorneys; and
(2) the guardian ad litem's family members and the parties and the parties' attorneys.
(C) A guardian ad litem's appointment is not effective until the written disclosure required by this section is provided to the parties. Upon failure of the guardian ad litem to provide written disclosure of all relationships pursuant to this section, either party may petition the court for the removal of the guardian ad litem and for the appointment of a substitute guardian ad litem. The court must remove the guardian ad litem and appoint a substitute guardian ad litem who must also comply with the provisions of this section.
(D) A guardian ad litem who has a relationship with either party or counsel must not accept appointment as guardian without the written consent of both parties. Written consent is not effective unless the guardian has complied with the other provisions of this section.
(E) Notwithstanding the provisions of subsection (D), in cases where either party demonstrates to the court that written consent is being unreasonably withheld, the court may order the appointment of a guardian in cases where the guardian or the guardian's family member has a relationship with either party or counsel.
(F) Nothing in this section limits the contempt powers of the family court."
SECTION 2. (A) There is created the South Carolina Guardian Ad Litem Study Committee composed of:
(1) two family court judges to be appointed by the Chief Justice of the South Carolina Supreme Court;
(2) two members of the House of Representatives to be appointed by the Speaker of the House of Representatives;
(3) two Senators to be appointed by the President Pro Tempore of the Senate;
(4) two private family court practitioners, one to be appointed by the Speaker of the House of Representatives and one to be appointed by the President Pro Tempore of the Senate;
(5) one professor from the University of South Carolina, School of Law to be appointed by the Governor upon the recommendation of the Dean of the Law School;
(6) an attorney with the Department of Social Services familiar with guardians ad litem in family court to be appointed by the Director of the Department of Social Services;
(7) the Director of the South Carolina Guardian Ad Litem Program;
(8) a representative of a volunteer guardian ad litem program to be appointed by the Governor; and
(9) two interested citizens, one to be appointed by the Speaker of the House of Representatives and one to be appointed by the President Pro Tempore of the Senate.
(B) The study committee must review the procedures and practices of guardians ad litem appointed by the family court for custody and visitation cases including, but not limited to, qualifications of guardians ad litem, attorney versus nonattorney guardians ad litem, methods of selecting guardians ad litem for appointment, training programs, supervision and oversight for guardians ad litem, remuneration, and quality of service rendered. The committee also must review any legislation related to guardians ad litem that is pending in the 2001 legislative session of the General Assembly.
(C) The members of the committee shall not receive compensation but are entitled to receive mileage, per diem, and subsistence, from approved accounts of the House of Representatives and the Senate, as provided by law for members of state boards, committees, and commissions.
(D) The committee must submit a report containing its findings and recommendations to the President Pro Tempore of the Senate and the Speaker of the House of Representatives before January 1, 2002. Upon submission of the report, the committee is abolished.
(E) The committee must be staffed by personnel as provided and assigned by the President Pro Tempore of the Senate and by the Speaker of the House of Representatives.
SECTION 3. This act takes effect upon approval by the Governor and applies to guardians ad litem in custody cases appointed after the effective date of this act./
Renumber sections to conform.
Amend title to conform.
Senator LEVENTIS explained the amendment.
The amendment was adopted.
Senator LEVENTIS proposed the following amendment (394C001.MRH), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered new SECTIONS:
/ SECTION ___. Chapter 4, Title 20 of the 1976 Code is amended by adding:
"Section 20-4-160. (A) There is established the Domestic Violence Fund, a fund separate and distinct from the general fund, in the State Treasury. The fund must be administered by the Department of Social Services and revenues of the fund must be used solely to award grants to domestic violence centers and programs in the State.
(B) In order for a domestic violence center or program to be eligible to receive funds, it must be a nonprofit corporation and must:
(1) have been in operation on the preceding July 1, and continue to be in operation; and
(2) offer the following services:
(a) a twenty-four hour hotline;
(b) transportation services;
(c) community education programs;
(d) daytime services, including counseling; and
(e) other criteria as may be established by the department.
(C) The Domestic Violence Fund must receive its revenue from that portion of marriage license fees provided for in Section 20-1-375 and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund must not be used to supplant existing funds appropriated to the department for domestic violence programs and grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund."
SECTION ___. Chapter 1, Title 20 of the 1976 Code is amended by adding:
"Section 20-1-375. In addition to the marriage license fee authorized pursuant to Section 20-1-230 there is imposed an additional twenty dollar fee for each marriage license applied for. This additional fee must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160." /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was amended and ordered returned to the House with amendments.
Columbia, S.C., June 5, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 3683 (Word version) -- Rep. Kelley: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE FOR STATE EMPLOYEES AND SCHOOL DISTRICT EMPLOYEES, SO AS TO REQUIRE ANNUAL STATE BUDGET AND CONTROL BOARD APPROVAL OF THE NEXT CALENDAR YEAR'S PLAN OF BENEFITS, ELIGIBILITY, AND CONTRIBUTIONS BY AUGUST FIFTEENTH PRECEDING THE CALENDAR YEAR RATHER THAN OCTOBER FIRST.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
On motion of Senator MOORE, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator MOORE spoke on the report.
Senator MARTIN spoke on the report.
Senator RITCHIE spoke on the report.
Senator McCONNELL spoke on the report.
Senator MOORE asked unanimous consent to make a motion that upon the conclusion of the disposition of S. 496, the Senate proceed to take up H. 3956, the Sine Die Resolution, for immediate consideration.
There was no objection.
Senator PATTERSON spoke on the report.
Senator FORD spoke on the report.
Senator MOORE moved that the Report of the Committee of Conference be adopted as follows:
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The General Assembly finds that:
(1) net proceeds of lottery games conducted pursuant to this chapter must be used to support improvements and enhancements for educational purposes and programs as provided by the General Assembly and that the net proceeds must be used to supplement, not supplant, existing resources for educational purposes and programs;
(2) lottery games are an entrepreneurial enterprise and that the State shall create an instrumentality of the State and public body, corporate and politic, known as the South Carolina Lottery Commission, with the comprehensive and extensive powers as generally exercised by commissions engaged in entrepreneurial pursuits;
(3) lottery games must be operated and managed in a manner which ensures that the lottery is operated with integrity and dignity and free of political influence, maximizes the use of revenues, and provides continuing entertainment to the public;
(4) the South Carolina Lottery Commission must be accountable to the General Assembly and to the public through a system of audits and reports; and
(5) this act is not a bill appropriating money out of the State Treasury as contemplated by Section 21 of Article IV of the Constitution of this State and, therefore, is not subject to a line item or section objection or veto by the Governor. It is the intent of the General Assembly that this act merely specify the educational purposes and programs, and parameters, for funding by the General Assembly through the annual general appropriations bill or any bill appropriating monies for previous or current fiscal years.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
Section 59-150-10. This chapter may be cited as the 'South Carolina Education Lottery Act'.
Section 59-150-20. As used in this chapter:
(1) 'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether the prizes are claimed, and excluding amounts held as a fidelity fund pursuant to Section 59-150-170.
(2) 'Board' means the Board of Commissioners of the South Carolina Lottery Commission.
(3) 'Commission' means the South Carolina Lottery Commission.
(4) 'Educational purposes and programs' means educational expenses and scholarships as defined in Section 59-150-350(D).
(5) 'Executive director' means the Executive Director of the South Carolina Lottery Commission or his designee.
(6) 'Immediate family' means a person who is:
(a) a spouse;
(b) a child residing in the same household; or
(c) claimed as a dependent for income tax purposes.
(7) 'Lottery', 'lotteries', 'lottery game', or 'lottery games' means a game of chance approved by the General Assembly and operated pursuant to this chapter including, but not limited to, the lottery game categories of instant tickets, on-line lottery games and drawing numbers but excluding keno, pari-mutuel betting, and casino gambling as defined in this section. The operation of the lottery games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50. The access and use of an electronic or mechanical machine designed for a lottery game authorized pursuant to this chapter must be limited to a lottery retailer and his employees only in order to facilitate retail sales of lottery tickets, and such a machine must not dispense anything other than lottery tickets.
As used in this item, 'casino gambling' means a location or business for the purpose of conducting unlawful gambling activities, but excluding the sale and purchase of lottery game tickets or shares; and 'pari-mutuel betting' means a method or system of wagering on actual races including races involving horses or dogs at tracks and the distribution of winnings by pools.
(8) 'Lottery retailer' means a person who sells lottery game tickets or shares on behalf of the South Carolina Lottery Commission pursuant to a contract.
(9) 'Lottery vendor' means a person who provides or proposes to provide goods or services to the South Carolina Lottery Commission pursuant to a procurement contract, but does not include an employee of the commission, a lottery retailer, or a state agency or instrumentality of the State. The term includes a corporation whose shares are traded publicly and which is the parent company of the contracting party in a procurement contract.
(10) 'Member' or 'members' means a Commissioner or Commissioners of the Board of the South Carolina Lottery Commission.
(11) 'Minority business' means a business which meets the definition of a socially and economically disadvantaged small business as described in Article 21, Chapter 35, Title 11, specifically a small business concern which:
(a) is at least fifty-one percent owned by one or more citizens of the United States who are determined to be socially and economically disadvantaged;
(b) in the case of a concern which is a corporation, at least fifty-one percent of all classes of voting stock of such corporation is owned by an individual determined to be socially and economically disadvantaged; or
(c) in the case of a concern which is a partnership, at least fifty-one percent of the partnership interest is owned by an individual or individuals determined to be socially and economically disadvantaged or whose management and daily business operations are controlled by individuals determined to be socially and economically disadvantaged. Those individuals must be involved in the daily management and operations of the business concerned.
'Small business' as used in this item means a business which meets the definition of a small business for purposes of the Small Business Administration, an agency of the United States.
(12) 'Net proceeds' means all revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery games, less operating expenses and prizes.
(13) 'Operating expenses' means all costs of doing business including, but not limited to, prizes, commissions, and other compensation paid to a lottery retailer, advertising and marketing costs, rental fees, personnel costs, capital costs, depreciation of property and equipment, funds for compulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Section 59-150-170, and other operating costs.
(14) 'Person' means an individual, corporation, partnership, unincorporated association, or other legal entity.
(15) 'Prize' means an award, gift, or anything of value regardless of whether there are conditions or restrictions attached to its receipt.
(16) 'Proceeds' means all lottery revenue derived from the sale of lottery game tickets or shares and all other monies derived from the lottery or received by the commission.
(17) 'Share' means an intangible interest in a lottery ticket, by way of assignment, contractual participation, or other claim or right.
(18) 'Ticket' means tangible evidence issued by the South Carolina Lottery Commission to provide participation in a lottery game.
Section 59-150-30. (A) There is created a commission to be known as the South Carolina Lottery Commission, which is deemed to be a public commission and an instrumentality of the State. The commission and its employees are subject to the South Carolina Consolidated Procurement Code, South Carolina Administrative Procedures Act, South Carolina Ethics Reform Act, and South Carolina Freedom of Information Act. Venue for the commission is in Richland County.
(B) Beginning in December 2004 and every three years thereafter, or by the request of five members of the House of Representatives or five members of the Senate, the Legislative Audit Council shall conduct a management performance audit of the commission. The cost of this audit is an operating expense of the commission.
Section 59-150-40. (A) The commission is governed by a board composed of nine members to be appointed as follows: three members must be appointed by the Governor, three members must be appointed by the President Pro Tempore of the Senate, and three members must be appointed by the Speaker of the House of Representatives.
(B) A member must:
(1) be a resident of the State of South Carolina;
(2) not have been convicted of a felony offense or bookmaking or other form of unlawful gambling. A background investigation must be conducted on each board nominee. The commission shall pay for the cost of the investigation and may contract with the State Law Enforcement Division (SLED) or appropriate federal agency for the performance of the investigation;
(3) meet the qualifications for electors as provided in Section 7-5-120; and
(4) not have been an elected public official, as provided in Section 24, Article III, of the Constitution of this State and Section 2-1-100, for at least one year before appointment.
(C) In making appointments to the board, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives, as appropriate, shall consider legal, financial, accounting, and marketing experience and race, gender, and other demographics factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible.
(D) The members shall serve terms of three years, except that of the initial appointments the Governor shall appoint two members, each to serve a two-year term, and one member to serve a four-year term; the Speaker of the House of Representatives shall appoint three members, each to serve a two-year term, co-terminus with the Speaker; and the President Pro Tempore of the Senate shall appoint three members, each to serve an initial four-year term. A vacancy that occurs on the board must be filled by appointment by the Governor, the President Pro Tempore of the Senate, or the Speaker of the House of Representatives, as appropriate, for the remainder of the unexpired term.
(E) A member shall not serve on the board if he is an officer or employee of the commission or if he has an immediate family member employed by the commission.
(F) A member of the board may receive per diem, subsistence, and mileage at the rate provided by law for members of state boards, committees, and commissions.
(G) The board shall elect from their membership officers of the board, including the chair.
(H) The board may delegate to any one or more of its members or to the executive director of the commission those powers and duties it considers proper.
(I) A majority of members in office or at least five members, whichever is greater, constitutes a quorum for the transaction of business and for the exercise of a power or function of the commission.
(J) Action may be taken and motions and resolutions adopted by the board at a board meeting by affirmative vote of a majority of present and voting board members. This subsection does not relieve the board from the requirements of the South Carolina Freedom of Information Act.
(K) A vacancy in the membership of the board does not impair the right of the members to exercise all the powers and perform all the duties of the board.
(L) A member of the board shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). A member of the board who violates this section must be summarily dismissed.
(M) A member is appointed to the board for a term and may be removed from the board before the expiration of his term only as provided in Section 1-3-240(C).
Section 59-150-50. The board shall:
(1) approve, disapprove, amend, or modify the budget recommended by the executive director for the operation of the commission;
(2) approve, disapprove, amend, or modify the terms of procurements recommended by the executive director;
(3) hear appeals of hearings required by this chapter;
(4) promulgate regulations relating to the categories of lottery games and the conduct of lottery games pursuant to the Administrative Procedures Act and as specified in this chapter; and
(5) perform other functions specified by this chapter.
Section 59-150-60. (A) The commission has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter which are not in conflict with the Constitution and laws of this State and which generally are exercised by commissions engaged in entrepreneurial pursuits on behalf of the State including, but not limited to, the powers to:
(1) sue and be sued in contract and in tort and to complain and defend in all courts;
(2) adopt and alter a corporate seal and symbol;
(3) promulgate regulations pursuant to the Administrative Procedures Act and adopt policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the commission; and to perform other matters as the commission may determine;
(4) procure or to provide self-insurance;
(5) hold copyrights, trademarks, and service marks and enforce its rights with respect to them;
(6) organize, initiate, supervise, and administer the operation of the lottery as provided by this chapter and regulations promulgated relating to the categories of lottery games and the conduct of the games pursuant to the Administrative Procedures Act and to this chapter;
(7) enter into written agreements with one or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games, subject to the Administrative Procedures Act and this chapter; but such marketing and promotion is subject to the restrictions on advertising and promotion provided in item (18) of this section;
(8) conduct necessary or appropriate market research, which may include an analysis of the demographic characteristics of the players of the lottery game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication;
(9) acquire or lease real property and make improvements on it and acquire by lease or by purchase personal property including, but not limited to, computers; mechanical, electronic, and on-line equipment and terminals; and intangible property including, but not limited to, computer programs, systems, and software. To achieve cost savings and efficiency, the commission shall use the telecommunications network service of the Budget and Control Board's Office of Information Resources pursuant to Sections 1-11-430 and 11-35-1580 provided that the service is secure;
(10) administer oaths, take depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the commission;
(11) appoint, select, or hire officers, agents, and employees, including professional and administrative staff, personnel, and hearing officers to conduct hearings required by this chapter, and to fix their compensation and pay their expenses. Notwithstanding any other provision of law, the commission has exclusive authority to contract for legal services. All employees of the commission are employees-at-will and are eligible for participation in the South Carolina Retirement System and may elect optional retirement program coverage in the same manner as provided in Section 9-20-10(2)(a), the State Health Insurance Group plans, and are encompassed by the South Carolina Tort Claims Act;
(12) make pension payments to the South Carolina Retirement System or other system approved by the State Retirement System and pay contributions to the Office of Insurance Services for dental and health plans on behalf of personnel or employees employed by the commission who qualify in the same manner as other state employees in the executive branch of government;
(13) select and contract with lottery vendors and lottery retailers;
(14) enter into contracts or agreements with state or other law enforcement agencies for the performance of law enforcement, background investigations, and security checks;
(15) enter into contracts on such terms and conditions as the commission may determine, except that the commission must not enter into an advertising or promotional contract pursuant to item (18) if the total contract amount includes a commission exceeding three percent of the contract amount; and except that the commission shall not enter into contracts to incur debt in its own name or enter into financing agreements with the State, agencies, or instrumentalities of the State, or with a commercial bank or credit provider; however, necessary start-up monies must be borrowed from the Insurance Reserve Fund of the Budget and Control Board, subject to the loan repayment terms of the Budget and Control Board, for effectuating its purpose, including payment of the initial expenses of initiation, administration, and operation of the commission and the lottery, if and only if sufficient start-up monies are not appropriated from the general fund;
(16) enter into contracts of any type on the terms and conditions the commission determines, except that it must not enter into a contract with an entity for the purpose of having that entity assume or otherwise undertake the organization and conduct of the lottery;
(17) establish and maintain banking relationships including, but not limited to, establishment of checking and savings accounts and lines of credit;
(18) advertise and promote the lottery and lottery games in a dignified manner befitting the State, but only in compliance with the same state and federal standards of truth in advertising which govern private advertisers engaged in interstate commerce and including the restrictions described in this item. The amount spent on advertising must not exceed 7.5 million dollars during the initial year of operation of the lottery. During the second and subsequent years of operation of the lottery, the amount spent on advertising must not exceed one percent of the previous year's gross sales. The board must establish an advertising policy to ensure that advertising content and practices do not target with the intent to exploit specific ethnic groups or economic classes of people, and that the content of the advertising is accurate and not misleading. Lottery advertising must not contain the name or picture of an elected official or State Seal or its likeness. The board must review, at least quarterly, all past lottery advertising and proposed concepts for major media campaigns to ensure that the advertising did not and does not target with the intent to exploit specific ethnic groups or economic classes of people, and that the content is accurate and not misleading. The commission must promote fair and responsible play, including disclosure of the odds of winning, and must ensure that any advertising used does not exhort the public to bet by misrepresenting, directly or indirectly, a person's chance of winning a prize. The commission may use interviews, pictures, or statements from people who have won lottery prizes to show that prizes are won and awarded. If the board finds that advertising conflicts with these policies, the board must cause the cessation of that advertising. In addition, wherever lottery game tickets are sold, the commission must provide information regarding resources for persons with gambling problems. Wherever lottery game tickets are sold, a lottery retailer must post a conspicuous sign in a prominent location, inside the retailer's premises and adjacent to the point of sale, clearly warning of the dangers and risks of gambling and the odds of winning and the odds of losing;
(19) act as a lottery retailer, conduct promotions which involve the dispensing of lottery game tickets or shares, and establish and operate a sales facility to sell lottery game tickets or shares and related merchandise, except that the commission shall not establish, operate, or authorize a lottery sales facility at any state Welcome Center or state rest area; and
(20) promulgate regulations pursuant to the Administrative Procedures Act and this chapter and adopt and amend policies and procedures necessary to carry out and implement its powers and duties, organize and operate the commission, regulate the conduct of lottery games as defined in Section 59-150-20(7), and other matters necessary or desirable for the efficient and effective operation of the lottery for the convenience of the public.
(B) The powers enumerated in subsection (A) are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and do not limit or restrict other powers of the commission.
(C) The commission is prohibited from distributing monies other than as prescribed by this chapter including, but not limited to, the prohibition of contributing to or making independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6).
(D) The commission is not authorized to use any machine specifically prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50.
(E) The commission is subject to the limitations upon, and exemptions from, liability and damages provided in the South Carolina Tort Claims Act.
(F) The commission shall not issue, sell, or authorize the sale of lottery tickets or shares at a location licensed to provide deferred presentment services pursuant to Chapter 39 of Title 34.
(G) The commission shall not enter into a contract for the purpose of influencing a political decision in connection with the operation of the lottery, and the commission must not employ, contract with, or otherwise authorize a lobbyist, as defined in Section 2-17-10(13), to engage in lobbying, as defined in Section 2-17-10(12), on behalf of the commission.
(H) The commission must not sell or give away tickets for promotional purposes.
Section 59-150-70. (A) Notwithstanding the provisions of this chapter, the commission has the authority to adopt temporary regulations to implement the provisions of this chapter, which must be consistent with the provisions of this chapter. These temporary regulations are not considered regulations as defined by the Administrative Procedures Act; however, these temporary regulations have the force and effect of law. The only lottery games that may be played pursuant to these temporary regulations are instant tickets and on-line lottery games. A multi-state lottery game must not be played under these temporary regulations, and may be implemented only when regulations have been promulgated and take effect pursuant to the Administrative Procedures Act. The commission must submit regulations for the implementation of this chapter as required in Sections 59-150-20, 59-150-30, 59-150-50, and 59-150-70 to the General Assembly for review in accordance with the Administrative Procedures Act by January 15, 2002.
(B) For purposes of this section, 'temporary regulations' means regulations regarding the programs, policies, and procedures required to implement the provisions of this chapter.
(C) The temporary regulations authorized in this section are repealed on July 15, 2004, or on the effective date of regulations promulgated pursuant to the Administrative Procedures Act, whichever date occurs first. If regulations promulgated pursuant to the Administrative Procedures Act have not taken effect by July 15, 2004, the commission may promulgate the temporary regulations authorized by this section as emergency regulations pursuant to Section 1-23-130. For purposes of this subsection, the circumstances required for emergency regulations in Section 1-23-130(A) do not apply, but all other provisions of Section 1-23-130 are applicable.
(D) In accordance with the Administrative Procedures Act, the board may promulgate regulations which must specify, but are not limited to:
(1) categories of lottery games as described in Section 59-150-20(7). The lottery games may include the selling of lottery game tickets or shares or the use of electronic or mechanical devices, except those electronic or mechanical devices prohibited by Section 59-150-20(7), and except that the game or activity in which the winner is selected must not be based upon the outcome of a football, basketball, baseball, or similar game or sports event;
(2) sale price of lottery game tickets or shares and the manner of sale except that all sales must be for cash only. Payment by checks, credit cards, charge cards, or other form of deferred payment and payment by debit card are prohibited;
(3) number and amount of prizes;
(4) method and location of selecting or validating winning lottery game tickets or shares;
(5) manner and time of payment of prizes, which may include lump sum payments or installments over a period of years;
(6) manner of payment of prizes by a lottery retailer to the holders of a winning lottery game ticket or share including, without limitation, provision for payment of prizes not exceeding six hundred dollars after deducting the price of the lottery game ticket or share and after performing validation procedures appropriate to the game and as specified by the board; the board may provide for a limited number of retailers who may pay prizes of up to five thousand dollars after performing validation procedures appropriate to the game and as specified by the board without regard to where the lottery game ticket or share was purchased;
(7) frequency of lottery games and drawings or selection of winning lottery game tickets or shares;
(8) means of conducting drawings, except that an elected or appointed official, other than the members of the board or its designee, must not preside or appear at a drawing;
(9) method to be used in selling lottery game tickets or shares, which may include the use of electronic or mechanical devices, but the devices must be placed on the premises of the lottery retailer in a location which is only accessible to the lottery retailer or his employees;
(10) manner and amount of compensation to a lottery retailer within the limits of this chapter; and
(11) other matters necessary or desirable toward ensuring the efficient and effective operation of lottery games as defined in Section 59-150-20(7), the continued entertainment and convenience of the public, and the integrity of the lottery.
(E) The commission shall have tickets available for purchase by the public no later than November 1, 2001, or as soon as practicable.
(F) If the board submits a regulation for a lottery game resulting in an instant winner, the board must consider instituting an additional lottery game that makes use of the non-winning instant tickets on a monthly or other periodic basis, so as to encourage non-winners to accumulate their tickets instead of disposing of them separately and creating unsightly litter.
Section 59-150-80. (A) The board shall appoint and provide for the compensation of an executive director which must not be based upon or a function of profitability or percentage of sales. The executive director must be an employee of the commission who directs the day-to-day operations and management of the commission and is vested with powers and duties specified by the board and by law. The executive director serves at the pleasure of the board.
(B) The board shall hire and provide for the compensation of an internal auditor and necessary staff who must be employees of the commission and who are vested with the powers and duties specified by the board and by law. The internal auditor shall report directly to the board.
Section 59-150-90. (A) The executive director of the commission shall direct and supervise all administrative and technical activities as provided for in this chapter, regulations promulgated pursuant to the Administrative Procedures Act, and policies and procedures adopted by the board. It is the duty of the executive director to oversee the initiation, and supervise and administer the operation of the lottery games as defined in Section 59-150-20(7); employ and direct necessary personnel; employ by contract and compensate necessary persons and firms, except that the contract must not be with an entity for the purpose of having that entity undertake the organization and conduct of the lottery; promote or provide for promotion of the lottery and functions related to the commission; prepare a budget for the approval of the board; require bond from a lottery retailer and a lottery vendor in amounts required by the board; report monthly to the State Auditor and the board a full and complete statement of lottery revenues and expenses for the preceding thirteen months; and perform other duties generally associated with an executive director of a commission of an entrepreneurial nature.
(B) The executive director for good cause may suspend, revoke, or refuse to renew a contract entered into as provided by the provisions of this chapter or the regulations, policies, and procedures of the board.
(C) The executive director or his designee may conduct hearings and administer oaths to persons for the purpose of assuring the security or integrity of lottery operations or to determine the qualifications of or compliance by a lottery vendor and a lottery retailer.
(D) The executive director shall not contribute to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6). An executive director who violates this section must be summarily dismissed.
Section 59-150-100. (A) The commission shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees.
(B) An employee of the commission or an immediate family member of an employee of the commission must not have a financial interest in a lottery vendor doing business or proposing to do business with the commission.
(C) An employee of the commission who has decision-making authority shall not participate in a decision involving a lottery retailer with whom the employee has an economic interest as defined in the South Carolina Ethics Reform Act.
(D) An employee of the commission who leaves his employment at the commission must not represent a lottery vendor or lottery retailer before the commission for a period of one year following termination of employment with the commission.
(E) A background investigation must be conducted on each applicant who has reached the final selection process before employment by the commission at the level of division director and above and at any level within any division of security and as otherwise required by the board. The commission shall pay for the actual cost of the investigations and may contract with SLED for the performance of the investigations. The results of a background investigation are not a record open to the public pursuant to the Freedom of Information Act.
(F) A person who has been convicted of a felony or bookmaking or other forms of unlawful gambling must not be employed by the commission.
(G) The commission shall bond commission employees who have access to commission funds or lottery revenue in an amount provided by the board and may bond other employees as necessary.
Section 59-150-110. (A) The Governor shall appoint a Lottery Retailer Advisory Board to be composed of ten lottery retailers, representing the broadest possible spectrum of geographical, racial, gender, and business characteristics of a lottery retailer. The Governor also shall appoint the chairman of the advisory board. The function of the advisory board is to advise the lottery board on retail aspects of the lottery and to present the concerns of lottery retailers throughout the State. The advisory board may establish a consumer representatives committee to help provide additional insight on other aspects of lottery retail sales.
(B) Members appointed to the advisory board serve terms of two years, except that four of the initial lottery retailer appointees serve initial terms of one year and five serve initial terms of two years. The chairman of the advisory board serves co-terminus with the Governor.
(C) The advisory board shall establish its own rules and internal operating procedures. Members of the advisory board serve without compensation or the per diem, subsistence, or mileage provided by law for members of state boards, committees, and commissions. The advisory board may report in writing at any time to the board of commissioners or to the oversight committee. The board of commissioners may invite the advisory board to make an oral presentation to the commissioners at regular meetings of the board.
Section 59-150-120. The commission shall provide training programs and other educational activities to enable small and minority businesses to compete for contracts on an equal basis. The board shall monitor the results of small and minority business participation and shall report the results of small and minority business participation to the State Human Affairs Commission on at least an annual basis pursuant to Section 1-13-110.
Section 59-150-130. (A) In coordination with the State Law Enforcement Division, the commission shall investigate the financial responsibility, security, and integrity of a lottery vendor who is a finalist in submitting a bid, proposal, or offer as part of a procurement. To defray a portion of the expense of this investigation, each lottery vendor finalist shall submit a certified check for five thousand dollars to the commission. This sum must be placed in an escrow account from which SLED must be paid to conduct the investigation pursuant to this section. If five thousand dollars is not sufficient to complete the investigation, the commission shall require the lottery vendor finalist to remit additional funds. Any funds remaining in the escrow account after the investigation is complete must be returned to the lottery vendor finalist. At the time of submitting the bid, proposal, or offer to the commission, the commission shall require disclosure of the:
(1) lottery vendor's name and address and, as applicable, the names and addresses of the following, if the lottery vendor is:
(a) a corporation, the officers and directors and each stockholder in the corporation, except that in the case of owners of equity securities of a publicly-traded corporation, the names and addresses of only those known to the corporation to own beneficially five percent or more of the securities must be disclosed;
(b) a trust, the trustee and all persons entitled to receive income or benefits from the trust;
(c) an association, the members, officers, and directors; and
(d) a partnership or joint venture, all of the general partners, limited partners, or joint venturers;
(2) states and jurisdictions in which the lottery vendor does business and the nature of the business for each such state or jurisdiction;
(3) states and jurisdictions in which the lottery vendor has contracts to supply gaming goods or services including, but not limited to, lottery goods and services, and the nature of the goods or services involved for each state or jurisdiction;
(4) states and jurisdictions in which the lottery vendor has applied for, sought renewal of, received, been denied, or had revoked, or has issuance pending of, a lottery or gaming license of any kind or had fines or penalties assessed to his license, contract, or operation and the disposition of each in each state or jurisdiction. If a lottery or gaming license or contract has been revoked or has not been renewed or a lottery or gaming license or application has been denied or is pending and has remained pending for more than six months, all of the facts and circumstances underlying the failure to receive a license must be disclosed;
(5) details of a finding or any plea, conviction, or adjudication of guilt in a state or federal court of the lottery vendor for a felony or other criminal offense other than a traffic violation;
(6) details of any bankruptcy, insolvency, reorganization, or corporate or individual purchase or takeover of another corporation, including bonded indebtedness, or pending litigation of the lottery vendor;
(7) contributions made to or independent expenditures relative to the campaign of a candidate for the General Assembly or statewide constitutional office, to any political party, as defined in Section 8-13-1300(26), or to a committee, as defined in Section 8-13-1300(6), for the twelve-month period before the application and up to the date of disqualification of the applicant or the awarding of the contract, whichever occurs first; and
(8) additional information the commission determines appropriate for the procurement involved. If at least twenty percent of the cost of a lottery vendor's contract is subcontracted, the lottery vendor shall disclose all of the information required by this section for the subcontractor as if the subcontractor were itself a lottery vendor.
(B) A lottery procurement contract must not be entered into with a lottery vendor who has not complied with the disclosure requirements described in subsection (A), and a contract with a non-complying lottery vendor is voidable at the option of the commission. The commission may terminate a contract with a lottery vendor who does not comply with the requirements for periodically updating the disclosures during the time specified in the contract. The provisions of this section must be construed broadly and liberally to achieve the ends of full disclosure of all information necessary to allow for a full and complete evaluation by the commission of the competence, integrity, background, and character of a lottery vendor for procurements.
(C) A procurement contract must not be entered into with a lottery vendor if he or it has:
(1) been convicted of a felony related to the security or integrity of the lottery in this or another jurisdiction;
(2) been convicted of unlawful gambling activity, false statements, false swearing, or perjury in this or another jurisdiction; or
(3) been found to have violated the provisions of this chapter or a regulation of the commission, unless either ten years have passed since the violation or the board finds the violation both minor and unintentional in nature.
(D) A procurement contract must not be entered into with a lottery vendor if the lottery vendor has an ownership interest in an entity that supplied consultation services under contract to the commission regarding the request for proposals pertaining to those particular goods or services.
(E) A lottery vendor or applicant for a procurement contract must not pay, give, or otherwise make available anything of value in violation of provisions of the South Carolina Ethics Reform Act. A violation of the act is subject to the provisions of Sections 11-35-4220 and 11-35-4230.
(F) A lottery vendor who has entered into the competitive solicitation process for a procurement contract or who has been awarded a procurement contract with the commission shall not contribute, for a period of twelve months before entering into the procurement process, except that during the first twelve months the period must be from the date of enactment, and during the term of the contract, to or make independent expenditures relative to the campaign of a candidate for the General Assembly or a statewide constitutional office; to a political party, as defined in Section 8-13-1300(26); or to a committee, as defined in Section 8-13-1300(6).
(G) A lottery vendor must not enter into a contract for the purpose of influencing a political decision in connection with the operation of the lottery, and a lottery vendor must not employ, contract with, or otherwise authorize a lobbyist, as defined in Section 2-17-10(13), to engage in lobbying, as defined in Section 2-17-10(12), on behalf of the lottery vendor.
(H) A lottery vendor shall disclose, upon written inquiry, the amount of any commission, referral fee, finder's fee, consulting fee, or contingency fee paid in connection with obtaining the contract and the name of the person to whom the monies were paid.
(I) The prohibitions and restrictions described in item (A)(7) and subsections (F) and (G) specifically apply to a lottery vendor as defined in Section 59-150-20(9) and its employees, members of its board, and holders of an interest in it of more than ten percent, and their immediate family members, as defined in Section 59-150-20(6).
(J) The commission is prohibited from contracting with a lottery vendor if the fee or commission payable in connection with the service or product is contingent, in whole or in part, upon performance of lottery sales or other lottery profitability measure.
Section 59-150-140. (A) At the execution of the contract with the commission, a lottery vendor shall post a performance bond or letter of credit from a bank or credit provider acceptable to the commission in an amount determined by the commission for that particular bid or contract. Instead of the bond, a lottery vendor, to assure the faithful performance of its obligations, may deposit and maintain with the commission securities that are interest bearing or accruing and that are rated in one of the three highest classifications by an established nationally recognized investment rating service. Securities eligible pursuant to this section are limited to:
(1) certificates of deposit issued by solvent banks or savings associations which are organized and existing under the laws of this State or under the laws of the United States and are approved by the commission;
(2) United States bonds, notes, and bills for which the full faith and credit of the government of the United States is pledged for the payment of principal and interest; and
(3) corporate bonds approved by the commission. The corporation that issued the bonds must not be an affiliate or subsidiary of the depositor. The securities must be held in trust and must have at all times a market value equal at least to the full amount estimated to be paid annually to the lottery vendor under contract.
(B) Each lottery vendor must be qualified to do business in this State and shall file appropriate tax returns as provided by the laws of this State. All contracts pursuant to this section are governed by the laws of this State.
(C) A contract must not be let with a lottery vendor in which a public official has an ownership interest unless the letting of the contract complies with Section 8-13-775.
(D) Procurement contracts must be handled in accordance with the South Carolina Consolidated Procurement Code.
(E) In all contracts entered into in connection with this chapter, the resident lottery vendor preference provided in Section 11-35-1524 must apply to procurements made by the commission, except that the following additional provisions apply:
(1) the preference also must apply to the procurement of services, as defined in Section 11-35-310(29), and advertising;
(2) with respect to the procurement of services or advertising, the definition of the term 'resident lottery vendor' must be modified as provided in this item. Section 11-35-1524(B)(6)(c) does not apply to a lottery vendor providing services or advertising. Instead of Section 11-35-1524(B)(6)(c), the lottery vendor shall provide services or advertising which are representative of the general type of services or advertising on which the bid is submitted;
(3) with respect to the procurement of services or advertising, instead of providing the certifications provided in Section 11-35-1524(C), the lottery vendor shall certify in writing in the bid:
(a) that he is resident of the State;
(b) the services or advertising is available; and
(c) the cost of the services or advertising is not unreasonable.
Section 59-150-150. (A) The commission shall develop and maintain a statewide network of lottery retailers to serve the public convenience and promote the sale of tickets or shares and the playing of lottery games as defined in Section 59-150-20(7) while ensuring the integrity of the lottery operations, games, and activities. The commission also shall provide a small retailer a chance to participate in the sales of lottery tickets or shares; provide for compensation to a lottery retailer in the form of commissions in an amount of not less than seven percent of gross proceeds; and issue a license to each person with whom it contracts as a lottery retailer for purposes of display. Each lottery retailer shall post and display conspicuously its license. A license is not assignable or transferable.
(B) The board shall develop a list of objective criteria upon which the qualification of a lottery retailer must be based. Separate criteria must be developed to govern the selection of a lottery retailer of instant tickets and an on-line lottery retailer. In developing these criteria, the board shall consider factors such as the applicant's financial responsibility, integrity, and reputation, and the security of the applicant's place of business or activity, and accessibility to the public. The board shall not consider political affiliation or activities or monetary contributions to political organizations or candidates for public office. The criteria must include, but is not limited to, the following:
(1) The applicant must be current in filing all applicable tax returns to the State of South Carolina and in payment of all taxes, interest, and penalties owed to the State of South Carolina, excluding items under formal appeal pursuant to applicable statutes. The Department of Revenue shall provide this information to the commission.
(2) A person, partnership, unincorporated association, corporation, or other business entity must not be selected as a lottery retailer if he or it:
(a) has been convicted of a criminal offense related to the security or integrity of the lottery in this or another jurisdiction;
(b) has been convicted of unlawful gambling activity, false statements, false swearing, or perjury in this or another jurisdiction or convicted of a crime punishable by more than one year of imprisonment or a fine of more than one thousand dollars, or both, unless the person's civil rights have been restored and at least five years have elapsed from the date of the completion of the sentence without a subsequent conviction of a crime described in this subitem;
(c) has been found to have violated the provisions of this chapter or a regulation, policy, or procedure of the commission, unless either ten years have passed since the violation or the board finds the violation both minor and unintentional in nature;
(d) is a lottery vendor or an employee or agent of a lottery vendor doing business with the commission;
(e) resides in the same household as an officer of the commission;
(f) has made a statement of material fact to the commission knowing the statement is false;
(g) has a business of selling lottery tickets or shares that accounts for more than sixty percent annually of its gross revenues. The Department of Revenue shall provide data concerning a lottery retailer's gross revenues to assist the commission in verifying compliance with this provision. The commission must not sell or give away lottery tickets or shares as a lottery retailer, as provided in Section 59-150-210; and
(h) has not attained the age of twenty-one years, except that this age restriction applies only to the lottery retailer or lottery retailer applicant and not to a bona fide employee of the lottery retailer;
(3) A person applying to become a lottery retailer must be charged a uniform application fee for each lottery outlet. A lottery retailer who participates in on-line lottery games must be charged a uniform application fee for each on-line outlet.
(4) A lottery retailer contract executed pursuant to this chapter may be suspended, revoked, or terminated for good cause by the executive director or his designee if the lottery retailer is found to have violated a provision of this chapter or the regulations subject to the Administrative Procedures Act.
(5) Lottery retailer contracts may be renewable annually at the discretion of the commission, unless sooner canceled or terminated.
(6) A lottery retailer or lottery retailer applicant shall not pay, give, or otherwise make available anything of value to a member of the board of directors of the commission in violation of provisions of the South Carolina Ethics Reform Act.
(C) An applicant must undergo a criminal background investigation performed in accordance with Section 59-150-165.
Section 59-150-160. (A) A lottery retailer contract is not transferable or assignable. A lottery retailer shall not contract with a person for lottery goods or services except with the approval of the board.
(B) Lottery game tickets and shares must be sold only by the lottery retailer named on the lottery retailer certificate.
Section 59-150-165. (A) Any person required to undergo a background investigation pursuant to this chapter must undergo both a state and national criminal history background investigation as a part of the required investigation. Any person required to undergo a background investigation may be required to supply fingerprints, along with other personal identifying information, for submission to the Federal Bureau of Investigation (FBI) through the State Law Enforcement Division (SLED). The commission is authorized to use SLED and FBI criminal history records for the screening of persons required to undergo background investigations.
(B) This section applies to persons described in Sections 59-150-40(B)(2), 59-150-100(E), 59-150-130(A), and 59-150-150(C).
(C)(1) In the case of an investigation of a person, as defined in Section 59-150-20(14), other than an individual, the required background investigations may be performed on any or all principals of the person, as determined by the commission.
(2) For purposes of this section, 'principal' means:
(a) the directors and officers of an association;
(b) all partners of a partnership, limited partnership, or limited liability partnership;
(c) all members of a limited liability company, or if the company is a manager-managed company, all members and managers;
(d) for a corporation, its directors, officers, and stockholders with a ten percent or more direct or beneficial interest or any person or entity that receives more than ten percent of the net income; and
(e) an employee who has day-to-day operational management responsibilities for the business or entity.
(3)(a) If a corporation is a member of a controlled group of corporations, as defined in 26 U.S.C. 1563, or a member of an affiliated group of corporations, as defined in 26 U.S.C. 1504, and at least one member of the group of corporations is a publicly-held corporation, only the corporation which seeks the vendor or retailer contract pursuant to this chapter is considered a principal for purposes of this chapter, along with its directors, officers, and stockholders as described in subitem (2)(d).
(b) For purposes of subitem (a) of this item, 'publicly held corporation' means a corporation:
(i) whose shares are traded on a national exchange; and
(ii) whose total assets at the end of the corporation's most recent fiscal quarter exceeded one billion dollars.
(D) SLED must collect, retain, expend, and carry forward fees associated with conducting criminal history investigations to offset the cost of performing the investigations. In the case of vendors, the fee for the criminal background investigation must be included in the fee imposed pursuant to Section 59-150-130(A).
Section 59-150-170. (A) The commission shall establish a fidelity fund separate from all other funds and shall assess each lottery retailer a one-time fee not to exceed one hundred dollars for each sales location. Monies deposited into the fund may be used to cover losses the commission may experience due to nonfeasance, misfeasance, or malfeasance of a lottery retailer. The monies may be invested by the commission pursuant to state investment practices. All earnings attributable to the investments accrue to the fund. In addition, the funds may be used to purchase blanket bonds covering the commission against losses from all lottery retailers. At the end of each fiscal year, the commission shall pay to the Education Lottery Account any amount in the fidelity fund which exceeds five hundred thousand dollars, and the funds paid must be treated as net proceeds from the lottery.
(B) A reserve account may be established as a general operating expense to cover amounts considered uncollectible from the a lottery retailer. The commission shall establish procedures for minimizing losses that may be experienced by reason of nonfeasance, misfeasance, or malfeasance of a lottery retailer, and shall exercise and exhaust all available options in the procedures before amounts are written off to this account.
(C) The commission may require a lottery retailer to post an appropriate bond, as determined by the commission, using an insurance company acceptable to the commission. The amount must not exceed the applicable district sales average of lottery game tickets for two billing periods.
(D)(1) In its discretion, the commission may allow a lottery retailer to deposit and maintain with the commission securities that are interest bearing or accruing. Securities eligible pursuant to this item are limited to:
(a) certificates of deposit issued by solvent banks or savings associations organized and existing under the laws of this State or under the laws of the United States;
(b) United States bonds, notes, and bills for which the full faith and credit of the United States is pledged for the payment of principal and interest; and
(c) federal agency securities by an agency or instrumentality of the United States government.
(2) The securities must be held in trust in the name of the commission.
Section 59-150-180. (A) A retail contract executed by the commission pursuant to this chapter must specify the reasons for which the contract may be canceled, suspended, revoked, or terminated by the commission including, but not be limited to:
(1) a violation of this chapter, a regulation, or a policy or procedure of the commission;
(2) failure to account accurately or timely for lottery game tickets, lottery games, revenues, or prizes as required by the commission;
(3) fraud, deceit, or misrepresentation;
(4) insufficient sales;
(5) conduct prejudicial to public confidence in the lottery;
(6) filing for or placement in bankruptcy or receivership of the lottery retailer;
(7) a material change, as determined in the sole discretion of the commission, in a matter considered material by the commission in executing the contract with the lottery retailer; or
(8) failure to meet any of the objective criteria established by the commission pursuant to this chapter.
(B) If cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of South Carolina, the executive director or his designee, in his discretion, may cancel, suspend, revoke, or terminate, after notice and a right to a hearing, a contract issued pursuant to this chapter. A hearing must be held within sixty days of notice of cancellation, suspension, revocation, or termination and conducted by the executive director or his designee. A party to the contract aggrieved by the decision of the executive director or his designee may appeal the adverse decision to the board, and then to the Administrative Law Judge Division, pursuant to the Administrative Procedures Act.
(C) If a party files an action to appeal the final decision of the board pursuant to subsection (B) and seeks to enjoin the implementation, termination, or performance of a contract, he must post a bond payable to the State in an amount determined by the trier of fact to be sufficient to compensate the State for its losses including, but not limited to, reasonable attorneys' fees and court costs resulting from the delay, if the party does not prevail in its appeal.
Section 59-150-190. (A) All proceeds from the sale of the lottery game tickets or shares constitute a trust fund until paid to the commission either directly or through the commission's authorized collection representative. A lottery retailer and officers of a lottery retailer's business have a fiduciary duty to preserve and account for lottery proceeds, and a lottery retailer is personally liable for all proceeds. Proceeds include unsold instant tickets received by a lottery retailer and cash proceeds of the sale of lottery products, net of allowable sales commissions and credit for lottery prizes sold or paid to winners by a lottery retailer. Sales proceeds and unused instant tickets must be delivered to the commission or its authorized collection representative upon demand.
(B) The commission shall require a lottery retailer to place all lottery proceeds due the commission in accounts in institutions insured by the Federal Deposit Insurance Corporation (FDIC) no later than the close of the next banking day after the date of their collection by the lottery retailer until the date they are paid over to the commission. At the time of the deposit, lottery proceeds are considered the property of the commission, and a lottery retailer is personally liable for those proceeds due the commission. The commission may require a lottery retailer to establish a single separate electronic funds transfer account where available for the purpose of receiving monies from ticket or share sales, making payments to the commission, and receiving payments for the commission. Unless otherwise authorized in writing by the commission, each lottery retailer shall establish a separate bank account for lottery proceeds which must be kept separate and apart from all other funds and assets, and must not be commingled with any other funds or assets. A lottery retailer, upon the deposit of lottery proceeds in excess of insurance coverage by the FDIC, shall furnish an indemnity bond from a responsible surety company authorized to do business in this State in an amount sufficient to protect the State against loss in the event of insolvency or liquidation of the institution or for another cause. A lottery retailer, instead of the indemnity bond, may pledge as collateral for the deposits, obligations of the United States, obligations fully guaranteed both as to principal and interest by the United States, obligations of the Federal National Mortgage Association, the Federal Home Loan Bank, Federal Farm Credit Bank, the Federal Home Loan Mortgage Corporation, or general obligations of this State or a political subdivision of it. The State Treasurer shall exercise prudence in accepting the securities listed as collateral. The surety or collateral must be filed with the State Treasurer at time of deposit.
(C) Proceeds from the sale of lottery game tickets or shares received by a lottery retailer who becomes insolvent or dies insolvent, are due the commission from the person or his estate in preference over all debts or demands.
(D) A lottery retailer is not required to pay for lottery tickets or shares until the tickets or shares have been activated by the commission.
Section 59-150-200. If a lottery retailer's rental payments for the business premises are contractually computed, in whole or in part, on the basis of a percentage of retail sales and the computation of retail sales is not defined explicitly to include sales of lottery game tickets or shares in a state operated or state managed lottery, only the compensation received by the lottery retailer from the commission may be considered the amount of the lottery retail sale for purposes of computing the rental payment.
Section 59-150-210. (A) A person shall not sell a lottery game ticket or share at a price other than that established by the commission. A person, other than a duly certified lottery retailer, shall not sell lottery game tickets, but a person may purchase lawfully lottery game tickets or shares and make a gift of the lottery game tickets or shares to another. The commission may designate certain agents and employees to sell lottery game tickets or shares directly to the public.
(B) Lottery game tickets or shares shall not be purchased and given by merchants as a means of promoting goods or services to customers or prospective customers, except as approved in writing by the commission.
(C) A lottery retailer shall not sell a lottery game ticket or share except from the locations listed in the lottery retailer's contract and as evidenced by the lottery retailer's certificate of authorization unless the commission authorizes, in writing, a temporary location not listed in the lottery retailer's contract.
(D) Lottery game tickets or shares must not be sold to persons under eighteen years of age, but a person eighteen years of age or older may purchase lawfully lottery game tickets or shares and make a gift to a person of any age. If a minor lawfully receives a winning lottery game ticket, the commission may direct payment of proceeds of a lottery prize in an amount not exceeding two thousand five hundred dollars to the parent or guardian of the minor without court approval and without appointment of a conservator. In the case of a lottery prize greater than two thousand five hundred dollars and not exceeding twenty-five thousand dollars, payment must be made in accordance with the procedures outlined in Section 62-5-103 as they relate to distribution. In the case of a prize in an amount greater than twenty-five thousand dollars, payment must be made to a duly appointed conservator to be held for the benefit of the minor, pursuant to Section 62-5-433.
(E) A lottery ticket or share must not be sold on the date of any general or primary election; for a lottery game other than that defined in Section 59-150-20(7); or for a lottery game with corporate sponsorship.
(F) A lottery ticket or share must not be sold on the campus of a public institution of higher learning as defined in Section 59-103-5.
Section 59-150-220. (A)(1) Upon the theft of instant tickets, a lottery retailer shall report immediately the theft to both the local law enforcement authority and to the commission's division of security.
(2) If tickets are stolen before the book is activated, and no tickets within the book have been sold:
(a) the lottery retailer must be charged a nonrefundable service fee for each incident in an amount determined by the commission to cover its costs only, so long as the name of the local law enforcement agency contacted and the assigned case number are furnished promptly to the commission;
(b) if the name of the local law enforcement agency and the assigned case number are not provided to the commission within thirty calendar days after the discovery by the lottery retailer of the theft, the commission shall charge the lottery retailer in accordance with subsection (3)(b).
(3) If tickets are stolen after the book has been activated or tickets within the book have been sold:
(a) a lottery retailer must be charged the net sales value (retail sales value less commission) for each book, less the low tier prize values of stolen tickets not paid at the time of the incident, so long as the lottery retailer furnished the name of the local law enforcement agency and the assigned case number to the commission;
(b) if the name of a law enforcement agency and case number are not provided to the commission within thirty calendar days after the discovery by the lottery retailer of the theft, credit for the unpaid low tier prizes must not be given and the lottery retailer must be charged the net sales value (retail sales value less commission) for each book.
(4) The commission shall adjust charges described in item (3) for the following reasons:
(a) the commission shall charge a lottery retailer the low tier prize value of tickets that are presented to the commission as claims subsequent to the date of the incident. The commission shall determine which prizes must be subsequently paid based upon the facts of the incident, and that amount must be charged to the lottery retailer;
(b) the commission shall provide credit for recovered stolen tickets as follows:
(i) the net sales value of the tickets recovered must be compared to the total value of the uncashed low tier prizes for each book of tickets. The lottery retailer shall receive credit for the greater of these two values;
(ii) recovered tickets must be returned to the commission by the declared end of game redemption deadline or one hundred eighty days from the date of the incident, whichever is later. The game, book, and ticket number must be legible on each ticket for the lottery retailer to receive credit. If tickets are being held as evidence in a criminal investigation by a law enforcement agency, the commission shall accept a property report from that agency by the declared end of the game redemption deadline or one hundred eighty days from the date of the incident, whichever is later, detailing the game, book, and ticket number or Void If Removed Number (VIRN) for the tickets being held, as documentation to provide credit;
(iii) recovered scratched tickets may be accepted for credit only if that condition of the tickets is identified in documentation provided to the commission by the local law enforcement agency;
(iv) the lottery retailer shall receive no credit for recovered tickets that have been validated; and
(v) the commission shall determine the credits provided based upon the facts of the incident, and that amount must be credited to the lottery retailer.
(5) Books reported to the commission as stolen must be marked in the commission's records to prevent validation and payment of prizes within the book.
(B)(1) Upon the loss or damage of instant tickets, a lottery retailer immediately shall report the loss or damage to the both the local law enforcement authority and to the commission's division of security.
(2) If tickets are damaged before the book is activated, no tickets within the book are sold, and all tickets in the book are returned to the commission, a lottery retailer must not be charged a service fee. If tickets are lost before the book is activated and no tickets within the book have been sold, a lottery retailer must be charged a nonrefundable service fee of twenty-five dollars for each incident for up to four books and five dollars for each book over four books.
(3) If tickets are lost or damaged after the book is activated or if tickets within the book are sold, a lottery retailer must be charged the net sales value (retail sales value less commission) for each book.
(4) Upon the written approval by the commission, the commission shall provide credit for recovered lost or damaged tickets for the net sales value of the tickets recovered.
(a) To receive approval, the lottery retailer shall provide the facts of the incident in writing to the commission for consideration.
(b) The written request and recovered tickets must be returned to the commission by the redemption deadline and the game, book, and ticket number must be legible on each ticket in order for the lottery retailer to receive credit.
(c) Scratched tickets must not be accepted for credit. A scratched ticket is one that in the commission's judgment has been compromised as to the security and integrity of the ticket due to removal of latex.
(d) Tickets identified as validated before the recovery result in no credit to the lottery retailer.
(5) Books reported to the commission as lost or damaged must be marked as such in the commission's records to prevent validation and payment of prizes within the book.
(6) In the event of acts of God, occurrences of nature, or other natural disasters, the commission may waive the requirements of this subsection.
Section 59-150-230. (A) Lottery prizes are subject to the South Carolina state income tax. Residents and nonresidents of this State who receive a lottery prize in excess of five hundred dollars are subject to a mandatory withholding of state income tax as required by law. Federal income tax must be withheld from lottery prizes in excess of five thousand dollars. Neither the State nor a county, municipality, or other political subdivision of this State may impose a tax on the sale of a lottery ticket or share or on the payment of a prize pursuant to this chapter; nor may a county, municipality, or other political or public subdivision assess an ad valorem tax against a lottery ticket or share bought or sold pursuant to this chapter.
(B) Except as otherwise provided in this chapter, attachments, garnishments, or executions authorized and issued pursuant to law must be withheld if timely served upon the commission. This subsection does not apply to a lottery retailer.
(C) The commission shall promulgate regulations and adopt policies and procedures to establish a system of verifying the validity of lottery games tickets or shares claimed to win prizes and to effect payment of prizes.
(1) A prize, a portion of a prize, or a right of a person to a prize awarded is not assignable except as provided in this section. A prize or a portion of a prize remaining unpaid at the death of a prize winner must be paid to the estate of the deceased prize winner or to the trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instrument has been filed with the commission with a notarized letter of direction from the settlor and no written notice of revocation has been received by the commission before the settlor's death. Following a settlor's death and before payment to a trustee, the commission shall obtain from the trustee a written agreement to indemnify and hold the commission harmless with respect to claims that may be asserted against the commission arising from payment to or through the trust. Notwithstanding any other provisions of this section, a person, pursuant to an appropriate judicial order, may be paid the prize to which a winner is entitled.
(2)(a) The commission must establish a prize structure for each lottery game that is based upon sound actuarial principles and does not rely upon proceeds generated from future or other lottery games. The commission may establish a lottery reserve fund to further accomplish this purpose. The monies in the restricted account may be used only for the purpose of making deferred payments of a lottery game prize as elected by a prize winner.
(b) For the purpose of Section 59-150-230, the amount of withholding is based on the total prize value but the payment of withholding tax must be adjusted according to the payment schedule for the prize.
(3) A prize must not be paid if it:
(a) arises from claimed lottery game tickets that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the commission within applicable deadlines;
(b) lacks captions that conform and agree with the play symbols as appropriate to the particular lottery game involved; or
(c) fails to comply with additional specific regulations and public or confidential validation and security tests of the commission appropriate to the particular lottery game involved.
(4) A particular prize in a lottery game must not be paid more than once, and if more than one person is entitled to a particular prize, the sole remedy of those persons is the award to each of them of an equal share in the prize.
(5) A holder of a winning lottery game ticket or share from a lottery game or multi-state or multi-sovereign lottery game must claim a cash prize within one hundred eighty days after the drawing in which the cash prize was won. In a South Carolina lottery game in which the player may determine instantly if he has won or lost, he must claim a cash prize within ninety days after the end of the lottery game. If a valid claim is not made for a cash prize within the applicable period, the cash prize is an unclaimed prize for purposes of this chapter.
(D) A prize must not be paid upon a lottery game ticket or share purchased or sold in violation of this chapter and is an unclaimed prize for purposes of this section.
(E) The commission is discharged of all liability upon payment of a prize.
(F) A lottery game ticket or share must not be purchased by and a prize must not be paid to a member of the board, an officer or employee of the commission, or a spouse, child, brother, sister, or parent residing as a member of the same household in his principal place of residence. A lottery game ticket or share must not be purchased by and a prize must not be paid to an officer, employee, agent, or a subcontractor of a lottery vendor, or a spouse, child, brother, sister, or parent residing as a member of the same household in his principal place of residence if he has access to confidential information that may compromise the integrity of the lottery.
(G) A lottery prize must not be paid to a person who is incarcerated. A lottery prize payment received in violation of this subsection must be returned immediately and in full to the commission.
(H) The use of an electronic or mechanical machine designed for a lottery game authorized pursuant to this chapter must be limited to a lottery retailer and their employees only in order to facilitate retail sales of lottery tickets, and such a machine must not dispense as a prize coins or currency. The operation of the lottery games excludes machines and lottery games, including video poker lottery games, prohibited by Sections 12-21-2710, 16-19-40, and 16-19-50.
(I) Unclaimed prize money must be deposited in the Education Lottery Account each year. A portion of the unclaimed prize money, in an amount to be determined by the General Assembly in its annual general appropriations bill and other bills appropriating monies for previous or current fiscal years, must be allocated to the Department of Education for the purchase of new school buses. A portion, in an amount to be determined by the General Assembly, of the unclaimed prize money in the Education Lottery Account, must be allocated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years to the South Carolina Department of Alcohol and Other Drug Abuse Services or an established nonprofit public or private agency recognized as an affiliate of the National Council on Problem Gambling to receive monies from the fund for the prevention and treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline, to be used for prevention programs including, in part or in totality, mass media communications. Nothing in this section prevents the State Budget and Control Board from contracting with any combination of agencies which meet the criteria provided for in this section, including a combination that includes the Department of Alcohol and Other Drug Abuse Services for the treatment of compulsive gambling disorder and educational programs related to that disorder, including a gambling hotline. Semi-annually, the director of the selected agency shall report to the board on the programs implemented with these funds, including nonidentifying statistical information pertaining to persons served by these programs. The director of the agency also shall provide a copy of the report to the General Assembly promptly upon receipt of the semi-annual reports.
Section 59-150-240. (A) The commission is subject to the provisions of Chapter 4, Title 30, the South Carolina Freedom of Information Act.
(B) The commission shall perform full criminal background investigations before the execution of a lottery vendor contract.
(C) The commission or its authorized agent shall:
(1) conduct criminal background investigations and credit investigations;
(2) supervise lottery game ticket or share validation and lottery drawings;
(3) inspect, at times determined solely by the commission, the facilities or operations of a lottery vendor or lottery retailer to determine the integrity of the lottery vendor's product or compliance by the lottery retailer or lottery vendor with its contract;
(4) report suspected violations of this chapter to the appropriate investigative and prosecutorial agency having jurisdiction over the violation; and
(5) upon request, provide assistance to a solicitor, the Attorney General, or a law enforcement agency investigating a violation of this chapter.
Section 59-150-250. (A) A person who knowingly sells a lottery game ticket or share to a person under eighteen years of age or permits a person under eighteen years of age to play a lottery game is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or be imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court. It is an affirmative defense to a charge of a violation of this section that the lottery retailer reasonably and in good faith relied upon representation of proof of age in making the sale.
(B) A person under eighteen years of age who knowingly purchases a lottery game ticket is guilty of a misdemeanor and, upon conviction, must perform twenty hours of community service or must be fined not less than twenty-five dollars and not more than one hundred dollars.
(C) A person who is incarcerated who knowingly accepts a lottery prize is guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor more than one hundred dollars or imprisoned for not less than two days nor more than thirty days, or both.
Section 59-150-260. (A) A person who, with intent to defraud, falsely makes, alters, forges, utters, passes, or counterfeits a state lottery game ticket is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(B) A person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials is guilty of a felony and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(C) A person who is convicted of a violation of subsection (A) or (B) must not be the recipient of an award of a lottery prize or a portion of a lottery prize, and is ineligible for employment by the commission.
Section 59-150-270. (A) A person must not knowingly or intentionally make a material false statement in an application for a license or proposal to conduct lottery activities or a material false entry in a book or record which is compiled or maintained or submitted to the board or its designee pursuant to the provisions of this chapter. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or the dollar amount of the false entry or statement, whichever is greater, or imprisoned for not more than five years, or both.
(B) A person who is convicted of a violation of subsection (A) also must surrender his license immediately and is ineligible to be issued a license by the commission.
Section 59-150-280. (A) The commission may enter into intelligence sharing, reciprocal use, or restricted use agreements with the federal government, law enforcement agencies, lottery regulation agencies, and gaming enforcement agencies of other jurisdictions which provide for and regulate the use of information provided and received pursuant to the agreement.
(B) Records, documents, and information in the possession of the commission received pursuant to an intelligence sharing, reciprocal use, or restricted use agreement entered into by the commission with a federal department or agency, a law enforcement agency, or the lottery regulation or gaming enforcement agency of a jurisdiction are considered investigative records of a law enforcement agency and are subject to the confidentiality and disclosure policies, and must not be released without the permission of the person or agency providing the record or information, except as may be required by the Freedom of Information Act.
Section 59-150-290. The commission shall enter into its contracts for procurements in compliance with the South Carolina Consolidated Procurement Code.
Section 59-150-300. (A) Any lottery retailer, lottery vendor, applicant for a lottery retailer license, or lottery game ticket holder aggrieved by an action of the board may appeal that decision to the Administrative Law Judge Division. The action is subject to review by an administrative law judge on the record of the board, upon petition of the aggrieved person within ten days from receipt of official notice from the board of the action of which review is sought. Service of notice is presumed conclusively ten days after mailing by registered or certified mail to the applicant or licensee of notice at his last known address. An appeal to the Administrative Law Judge Division pursuant to this section is not a contested case as defined by the Administrative Procedures Act; however, the appeal is subject to the procedural due process requirements provided for in Article 5, Chapter 23, Title 1 and the Rules of Procedure of the Administrative Law Judge Division. Appeals regarding lottery vendor contracts must be brought pursuant to the South Carolina Procurement Code.
(B) The Administrative Law Judge Division shall hear appeals from decisions of the board and, based upon the record of the proceedings before the board, may reverse the decision of the board only if the appellant proves the decision to be:
(1) in violation of constitutional or statutory provisions;
(2) in excess of the statutory authority of the board;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or
(6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(C) The Administrative Law Judge Division may remand an appeal to the board to conduct further hearings.
(D) For judicial review of a final decision of an administrative law judge in a case involving the commission, the petition by an aggrieved party must be filed with the circuit court and served on the opposing party not more than thirty days after the aggrieved party receives the final decision and order of the administrative law judge. Appeal in these matters is by right.
(E) A lottery vendor who appeals the award of a procurement contract for the supply of a lottery game ticket system, share system, or an on-line or other mechanical or electronic system is liable for all costs of appeal and defense if the appeal is denied or the contract award is upheld. Cost of appeal and defense specifically includes, but is not limited to, administrative proceedings, court costs, bond, legal fees, and loss of income to the commission resulting from institution of the appeal if, upon the motion of the commission, the court finds the appeal was frivolous.
(F) All actions and proceedings for review pursuant to this chapter, and all actions and proceedings to which the commission may be a party and in which a question arises pursuant to this chapter or pursuant to or concerning any order or decision of the commission must be given priority of hearing in all courts and reviewing entities over all other civil causes except election cases irrespective of position on the calendar.
Section 59-150-310. (A) The commission may expend, pursuant to the provisions of this chapter, monies received from any source, including income from the commission's operations, for effectuating its purposes, including the payment of the initial expenses of organization, administration, and operation of the commission and the lottery.
(B) The commission must be self-sustaining and self-funded. Monies in the state general fund must not be used or obligated to pay the expenses of the commission or prizes of the lottery, and a claim for the payment of an expense of the lottery or prizes of the lottery must not be made against monies other than monies credited to the commission operating account.
(C) The commission may purchase, lease, or lease-purchase goods or services necessary for effectuating the purposes of this chapter. The commission may make procurements which integrate functions such as lottery game design, lottery ticket distribution to a lottery retailer, supply of goods and services, and advertising. In all procurement decisions, the commission shall act to promote and ensure security, honesty, fairness, and integrity in the operation and administration of the lottery and the objectives of raising net proceeds for the benefit of educational programs and purposes.
Section 59-150-320. To ensure the financial integrity of the lottery, the commission, through its board, shall:
(1) submit quarterly and annual reports to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, the Comptroller General, the State Treasurer, and the Chairmen of the House Ways and Means Committee, the Senate Finance Committee, and the oversight committee created by Section 59-150-325 disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the commission during the reporting period. The annual report additionally must describe the organizational structure of the commission, summarize the functions performed by each organizational division within the commission, and contain a detailed budget for the next fiscal year. The quarterly reports must be submitted within fifteen days of the end of the quarter, and the annual report must be submitted by October fifteenth;
(2) adopt a system of internal audits;
(3) maintain weekly or more frequently records of lottery transactions including the distribution of lottery game tickets or shares to a lottery retailer, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the commission;
(4) authorize the State Auditor to contract with a certified public accountant or firm for an independently audited financial statement prepared in accordance with generally accepted accounting principles, to be submitted to the Comptroller General's office each year no later than October fifteenth. The certified public accountant or firm shall not have a financial interest in a lottery vendor with whom the commission is under contract. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit is an operating expense of the commission. The State Auditor may at any time conduct an audit of any phase of the operations of the commission at the expense of the State and shall receive a copy of the annual independent financial audit. A copy of an interim audit performed by the certified public accountant or firm or the State Auditor must be transmitted after the close of the commission's fiscal year to the Governor, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the State Auditor, the State Treasurer, the Comptroller General, and the Chairmen of the House Ways and Means Committee and the Senate Finance Committee, and the oversight committee co-chairmen;
(5) submit, for informational purposes only, to the Office of State Budget of the Budget and Control Board and the State Auditor by June thirtieth of each year a copy of the annual operating budget for the commission for the next fiscal year. This annual operating budget must be approved by the South Carolina Lottery Commission Board;
(6) submit, for informational purposes only, to the Office of State Budget on November tenth of each year a proposed operating budget for the commission for the upcoming fiscal year; this budget proposal also must be accompanied by an estimate of the net proceeds to be deposited into the Education Lottery Account during the upcoming fiscal year;
(7) adopt the same fiscal year as that used by state government; and
(8) authorize the Legislative Audit Council to contract with an independent firm experienced in security procedures including, but not limited to, computer security and systems security, to periodically conduct a comprehensive study and evaluation of all aspects of security in the operation of the commission and the lottery. This firm shall not have a financial interest in a lottery vendor with whom the commission is under contract. The cost of this evaluation is an operating expense of the commission. The commission shall pay directly to the Legislative Audit Council the cost of the evaluation.
Section 59-150-325. (A)(1) There is created as a committee, the South Carolina Education Lottery Oversight Committee, to be composed of twelve members. The members of the committee must be appointed as follows: the Speaker of the House of Representatives appoints three members, one of whom must be the Chairman of the House Education and Public Works Committee; the President Pro Tempore of the Senate appoints three members, one of whom must be the Chairman of the Senate Education Committee; the Chairman of the South Carolina Commission on Higher Education appoints three members; and the Chairman of the South Carolina Education Oversight Committee appoints three members. The Speaker of the House of Representatives and the President Pro Tempore of the Senate must each appoint one co-chairman from the membership of the South Carolina Education Lottery Oversight Committee. The oversight committee must periodically, but at least annually, inquire into and review the operations of the commission and review and evaluate the success with which the commission is accomplishing its statutory duties and functions as provided in this chapter. The oversight committee must also hold an annual public hearing and may conduct an independent audit or investigation of the commission as necessary.
(2) The South Carolina Education Lottery Oversight Committee may initiate and propose changes in the laws of this State so as to prevent abuses and evasions of this chapter or its regulations or to rectify undesirable conditions in connection with the administration or operation of the lottery.
(3) If the funds available for distribution pursuant to Section 59-150-350 fall below seventy-five million dollars for any fiscal year, the oversight committee must immediately conduct an investigation into the reasons for the shortfall and, upon conclusion of their investigation, report their findings along with recommendations for changes in the laws or regulations governing the conduct of the lottery to the executive director, the board, the Governor, the President Pro Tempore of the Senate, and the Speaker of the House of Representatives. The investigation must be completed and the reports delivered to the appropriate officials within one hundred and eighty days of the end of the fiscal year for the shortfall.
(B) No later than December first of each year, the commission must provide to the oversight committee a complete report of the level of participation of minority businesses in all retail and procurement contracts awarded by the commission.
(C) No later than December first of each year for the first five years the lottery is operational, the commission must provide to the oversight committee a complete report of a demographic analysis of lottery players. The commission must employ an independent firm experienced in demographic analysis to conduct the demographic study of lottery players. Data may be collected through surveys, but must not be collected from players at the time of purchase or point of sale. The report must include the income, age, sex, education, and frequency of participation of players. The first report conducted pursuant to this section must be initiated no later than six months after the first sale of a ticket to a player pursuant to this chapter.
(D) The board must report to the Lottery Oversight Committee any matters it considers require an immediate change in the laws of this State so as to prevent abuses and evasions of this chapter or rules and regulations promulgated pursuant to it or to rectify undesirable conditions in connection with the administration or operation of the lottery.
(E) The board must advise and make recommendations to the executive director regarding the functions and operations of the lottery. A copy of all those recommendations must be forwarded to the Lottery Oversight Committee.
Section 59-150-330. (A) All claimant agencies of this State and persons on whose behalf the State and its claimant agencies act, in conjunction with the commission, shall cooperate in identifying debtors who owe money to the State and who qualify for prizes pursuant to this chapter from the commission; and the sum of any debt owed to the State or to persons on whose behalf the State and its claimant agencies act must be set off against a prize awarded pursuant to this chapter. This section must be liberally construed to effectuate these purposes.
(B) As used in this section:
(1) 'Claimant agency' means any state or local agency, department, board, bureau, commission, or authority to which an individual owes a debt or which acts on behalf of an individual to collect a debt.
(2) 'Debt' means a liquidated sum due and owing a claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, or a sum which is due and owing a person and is enforceable by the State or any of its agencies or departments.
(3) 'Debtor' means an individual owing money to or having a delinquent account with a claimant agency, which obligation has not been adjudicated as satisfied by court order, set aside by court order, or discharged in bankruptcy.
(4) 'Prize' means the proceeds of a lottery prize awarded pursuant to this chapter.
(C) The collection remedy authorized by this section is in addition to and not in substitution for any other remedy available by law.
(D)(1) A claimant agency may submit to the commission a list of the names of all persons owing debts in excess of one hundred dollars to the claimant agency or to persons on whose behalf the claimant agency acts. The full amount of the debt is collectible from lottery winnings without regard to limitations on the amounts that may be collectible in increments through garnishment or other proceedings. The list constitutes a valid lien upon and claim of lien against the lottery winnings of a debtor named in the list. The list must contain the names of the debtors, their Social Security numbers, if available, and other information which would assist the commission in identifying the debtors named in the list.
(2) The commission shall withhold winnings subject to the lien created by this section and send notice to the winner by certified mail, return receipt requested, of such action and the reason why the winnings were withheld. If the winner appears and claims winnings in person, the commission shall notify the winner at that time, by hand delivery, of the action. If the debtor does not protest, in writing, the withholding of the funds within thirty days of notice, the commission shall pay the funds over to the claimant agency. If the debtor protests the withholding of funds, in writing, within thirty days of the notice, the commission shall file an action in interpleader in the circuit court of the county in which the debtor resides, pay the disputed sum into the court, and give notice to the claimant agency and debtor of the initiation of the action.
(3) The liens created by this section rank among themselves as follows:
(a) taxes due the State;
(b) delinquent child support;
(c) delinquent student loans; and
(d) all other judgments and liens in order of the date entered or perfected.
(4) The commission is not required to deduct claimed debts from prizes paid out by a lottery retailer or entities other than the commission.
(5) A list of debtors and debts must be provided, pursuant to this section, periodically as the commission determines by rules and regulations, and the commission is not obligated to retain the lists or deduct debts appearing on the lists beyond the period determined by the rules and regulations.
(6) The commission may prescribe forms, propose rules, and promulgate regulations necessary to carry out the provisions of this section.
(7) The commission and a claimant agency do not incur civil or criminal liability for good faith adherence to the provisions of this section.
(8) The claimant agency shall pay the commission for all costs incurred by the commission in setting off debts in the manner provided in this section. The commission may retain this fee as part of administrative expenses.
(E)(1) Notwithstanding Section 59-150-240 or other confidentiality law, the commission may provide to a claimant agency all information necessary to accomplish and effectuate the intent of this section.
(2) The information obtained by a claimant agency from the commission pursuant to this section must retain its confidentiality and may be used only by a claimant agency in the pursuit of its debt collection duties and practices. An employee or former employee of a claimant agency who unlawfully discloses this information for another purpose, except as otherwise specifically authorized by law, is subject to penalties as provided by law.
(F) The provisions of this section apply only to prizes of five thousand dollars or more and do not apply to retailers authorized by the board to pay prizes of up to five thousand dollars after deducting the price of the lottery game ticket or share.
Section 59-150-340. The net proceeds received from the state lottery for education as provided by law must be deposited by the State Treasurer in a fund separate and distinct from the state general fund entitled the 'Education Lottery Account'. All interest or income earned by the fund must be retained in the account and used for its stated purposes. However, all revenue received by the Education Lottery Account in any fiscal year together with earnings on it for that year must be disbursed as required by Section 59-150-350 and as appropriated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. It is the intent of the General Assembly in creating this Education Lottery Account that its funds be managed so as to establish and fund these programs permanently. Upon receipt of monies transferred to the Education Lottery Account held by the State Treasurer, these monies must be appropriated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years to the programs and for the purposes stipulated in Section 59-150-350. The Comptroller General shall record these revenues received on a cash basis, and disbursements for the purposes provided also must be on a cash basis; however, unexpended funds at the end of a fiscal year after disbursement to the programs authorized to receive the funds as provided in Section 59-150-350 and as appropriated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years may be carried forward to future years and expended for the same purposes. Notwithstanding any other provision of law, no distribution may be made from the Education Lottery Account until net proceeds in the account exceed thirty-five million dollars.
Section 59-150-350. (A) All lottery proceeds are the property of the commission, to be held in a separate and distinct account, apart from the State Treasury. Annual administrative expenses must not exceed fifteen percent of gross lottery revenues for the year, including lottery retailer commissions and incentives. The General Assembly shall consider, in the allocation of funds from the Education Lottery Account, the allocation of monies in the amount the General Assembly determines for the Commission on Higher Education and for the Administrative Law Judge Division, both to help defray their expenses incurred in the performance of their duties pursuant to this chapter; except that the amount of funding for the Commission on Higher Education and the Administrative Law Judge Division must be allocated by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. As nearly as practical, an amount no less than forty-five percent of the amount of money from the actual sale of lottery tickets or shares must be made available as prize money, except that this item does not create a lien, an entitlement, a cause of action, or other private right, and rights of holders of tickets or shares must be determined by the commission in setting the terms of its lottery or lotteries.
(B) Before the sixteenth day of each month, the commission shall deposit to the State Treasurer, for credit to the Education Lottery Account for the preceding month, the amount of all net proceeds from the preceding month. The State Comptroller General shall account separately for net proceeds by establishing and maintaining a restricted account known as the Education Lottery Account. Upon their deposit with the State, monies representing a deposit of net proceeds become the unencumbered property of the State of South Carolina and the commission must not agree or undertake otherwise. The monies may be invested by the State Treasurer pursuant to state investment practices. All earnings attributable to the investments are also the unencumbered property of the State and accrue to the credit of the Education Lottery Account.
(C)(1) Pursuant to Section 11-9-880, the Board of Economic Advisors, in conjunction with the commission, must provide to the General Assembly, in a separate estimate, the amount of projected net lottery proceeds for the upcoming fiscal year. The State Treasurer's Office must estimate the annual interest earnings from commission funds. All interest earnings and other net proceeds must be used for educational purposes and programs.
(2) Appropriations from the Education Lottery Account must be for educational purposes and programs only as defined in Section 59-150-350(D). These appropriations must be used to supplement and not supplant existing funds used for education.
(3) If expenditures for particular educational purposes or programs as defined in this chapter are less than the amounts appropriated, the excess may be retained in the account and expended the following fiscal year for those particular purposes or programs.
(D) At the beginning of the first fiscal year after the state lottery becomes operational, the Comptroller General shall certify the amount of net proceeds including investment earnings on the net proceeds credited to and accrued in the Education Lottery Account during the preceding fiscal year. The sum of certified net proceeds and investment earnings must be designated as annual lottery proceeds. Appropriations from the Education Lottery Account must be allocated only for educational purposes and educational programs by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years. Funds made available from the Education Lottery Account must be used to provide Palmetto Fellows Scholarships to all eligible applicants, to provide LIFE Scholarships for eligible resident students attending four-year public institutions in those amounts provided by law; up to one percent of net proceeds to the South Carolina State Library for public library state aid, to be distributed to county public libraries on a per capita basis and to be used for educational technology delivery, upgrade, and maintenance; to the Commission on Higher Education for free tuition at state technical colleges and two-year public institutions; for the SC HOPE Scholarship Program; to the Department of Education to be allocated to K-12 school technology; to the Department of Education for school-based grants for pilot programs, to include programs providing deregulation as requested by school districts with an overall absolute or improved designation of average or better, with first priority given to schools reported as average, below average, or unsatisfactory in accordance with the Education Accountability Act; to the Department of Education to fund homework centers, and these funds must be allocated to the local school districts based on a per pupil basis and may be used for salaries for certified teachers and for transportation costs, provided that priority in the distribution of funds must be given to schools designated as below average or unsatisfactory in accordance with the Education Accountability Act; to the Commission on Higher Education for higher education assistance, including need-based grants, grants to teachers for advanced education with priority to annual grants earmarked for teachers working toward their masters' degree or advanced education in their areas of certification, or both; for the National Guard Tuition Repayment Program; and funding for elementary and secondary public education as determined pursuant to the Education Accountability Act of 1998 and education improvement legislation enacted into law after the effective date of this chapter; new programs enacted by the General Assembly for public institutions of higher learning, including public four-year colleges and universities and their branches and two-year colleges, as defined in Section 59-103-5, and state technical colleges, which programs may include the creation of endowed chairs at the state's universities, with an emphasis in the areas of, but not limited to, engineering, computer science, and the sciences; and Youth Education Scholarships of up to and not to exceed one thousand dollars, to be determined in the annual general appropriations bill to resident parents of a four-year-old who attains the age of four years by September first of the school year the scholarship is received and who attends a public or private, for profit or nonprofit kindergarten, preschool, home school, or child development center program provided in this State. The scholarship is payable from the lottery proceeds through the Department of Education directly to the school in the name of the attending child after the department confirms that the program meets the following criteria that include, but are not limited to, language and literacy programs that help the child understand and tell stories, recognize pictures and words, learn the alphabet, and understand that writing is communication; math concepts that teach the child to count and sort objects into groups, recognize shapes, and make comparisons of size, shape, length, and weight; science concepts that teach the child to explore the natural environment, observe seasonal changes, communicate observations, and use tools to measure; art concepts that help the child express ideas and thoughts in creative ways, paint, draw, and sculpt, listen to music and sing songs, and recognize colors; and physical development activities that help the child move with balance and coordination, participate in indoor and outdoor physical activity, and use writing tools, puzzles, scissors, blocks, clay, and computers. The proportion of total recurring general fund and special fund revenues of the State expended for the total of public elementary, secondary, and higher education allocations in any fiscal year must not be less than the proportions in the fiscal year immediately before the fiscal year in which education revenues are first received from a state lottery, and must not be reduced or supplanted later by revenues received from a state lottery.
(E) Appropriations by the General Assembly in its annual general appropriations bill or any bill appropriating monies for previous or current fiscal years for educational purposes and programs from the account not committed during the fiscal year must be credited to the Education Lottery Account.
(F)(1) A program or project started specifically from lottery proceeds must not be continued from the general fund, but the programs must be adjusted or discontinued according to available lottery proceeds, unless the General Assembly by general law establishes eligibility requirements and later appropriates specific funds within the general appropriations act. The provisions of this subsection do not prohibit the providing of supplemental funding to programs or projects in existence on the effective date of this chapter from lottery proceeds; provided, that funding for these existing programs or projects from the state general fund, the Education Improvement Act, or other nonlottery sources must not be reduced below that provided on the effective date of this chapter.
(2) A surplus in the Education Lottery Account must not be reduced by the General Assembly to correct any nonlottery deficiencies in sums available for general appropriations and vice versa, and a surplus in the Education Lottery Account must not be included in a surplus calculated for setting aside any nonlottery reserve, specifically, without limitation, the General Reserve Fund or the Capital Reserve Fund.
Section 59-150-360. (A) A person who qualifies for in-state tuition rates pursuant to Chapter 112, Title 59 may attend, tuition-free, a technical college of this State or a public two-year institution of higher learning. A person who qualifies for in-state tuition rates pursuant to this title may attend an independent two-year institution of higher learning and receive lottery tuition assistance each year up to the maximum in-state tuition rate at a two-year public institution. In order to qualify, a student must:
(1) be a South Carolina resident for a minimum of one year;
(2) be enrolled and maintain six credit hours each semester in a certificate, degree, or diploma program;
(3) make reasonable progress toward completion of the requirements for the certificate, degree, or diploma program; and
(4) complete a Free Application for Federal Student Aid (FAFSA) application.
The South Carolina State Board for Technical and Comprehensive Education or the Commission on Higher Education, as appropriate, may provide regulations for the implementation of this section.
(B) For purposes of this chapter, a 'public or independent institution' which a student may attend to receive a scholarship as provided in this chapter includes South Carolina two-year public institutions, as defined in Section 59-103-5, including branch campuses and two-year independent institutions, as defined in Section 59-113-50.
(C) Institutions whose sole purpose is religious or theological training, or the granting of professional degrees, do not meet the definition of 'public or independent institution' for purposes of this chapter.
(D) 'Tuition' for purposes of this section means the amount charged for registering for credit hours of instruction and academic fees and does not include other fees, charges, or costs of textbooks.
(E) Notwithstanding subsection (D), technical colleges and public two-year institutions may charge students an additional amount for academic or related fees not to exceed eight dollars per credit hour for academic fees, without increasing the fee reduction required by the Commission on Higher Education.
(F) Each county must maintain its level of funding for technical colleges. If any county fails to maintain this level of funding for its technical college, the college may add, for students who reside in that county, an impact fee sufficient to offset the reduction in county funds.
Section 59-150-370. (A) SC HOPE Scholarships are hereby established and are provided by the State. These scholarships cover the cost of attendance, as defined by the Commission on Higher Education by regulation, up to a maximum of two thousand dollars per year, to eligible resident students attending four-year public and independent institutions as defined in subsection (B).
(B) For purposes of this chapter, a 'public or independent institution' which a student may attend to receive an SC HOPE Scholarship includes the following:
(1) a South Carolina four-year public institution as defined in Section 59-103-5 and a four-year independent institution as defined in Section 59-113-50;
(2) a public or independent bachelor's level institution chartered before 1962 whose major campus and headquarters are located within South Carolina; or an independent bachelor's level institution which is accredited by the Southern Association of Colleges and Secondary Schools; or an independent bachelor's level institution which is accredited by the New England Association of Colleges and Schools. Institutions whose sole purpose is religious or theological training, or the granting of professional degrees do not meet the definition of 'public or independent institution' for purposes of this chapter.
(C) A student is eligible to receive a SC HOPE Scholarship if he meets the criteria for receiving and maintaining the Legislative Incentives for Future Excellence (LIFE) Scholarship; except that a minimum Scholastic Aptitude Test or ACT score is not required for eligibility for the SC HOPE scholarship. These SC HOPE Scholarships must be granted and awarded as provided in this section.
(D) These SC HOPE Scholarships in combination with all other grants and scholarships must not exceed the cost of attendance at the particular institutions referenced in subsection (B).
(E) The Commission on Higher Education must promulgate regulations and establish procedures to administer the provisions of this section.
(F) All institutions participating in the SC HOPE Scholarship Program must report their enrollment and other relevant data as solicited by the Commission on Higher Education which may audit these institutions to ensure compliance with this provision.
Section 59-150-380. The Commission on Higher Education, in consultation with the State Department of Education, must develop an Education Lottery Teaching Scholarship Grants Program to provide certified teachers in the public schools of this State grants not to exceed one thousand dollars per year to attend public or private colleges and universities for the purposes of upgrading existing content area skills or obtaining a Master's Degree in the teacher's content area. If there are insufficient funds in the Education Lottery Account to provide the grant to each eligible recipient for a particular year, priority must be given to those teachers whose subject areas are critical subject needs as determined by the State Department of Education.
Section 59-150-390. The State Department of Education, in consultation with the Budget and Control Board's Office of Information Resources, the State Library, and the Education Television Commission, shall administer primary and secondary technology funding provided for in Section 59-150-350. These funds are intended to provide technology connectivity, hardware, software, and training for the K-12 public schools throughout the State and, to the maximum extent possible, involve public-private sector collaborative efforts. Funds allocated to the local school districts for technology expenditures must be distributed based on the number of students eligible for the free and reduced lunch program in grades 1-3.
Section 59-150-400. (A) A person commits an offense of conspiracy if he with intent that an offense pursuant to this chapter be committed:
(1) agrees with one or more other persons that they or one or more of them engage in conduct constituting the offense; and
(2) one or more of the persons so agreeing performs an overt act in pursuance of the agreement.
(B) An agreement constituting a conspiracy may be inferred from acts of the parties.
(C) It is not a defense to prosecution for conspiracy pursuant to this section that:
(1) one or more of the co-conspirators is not criminally responsible for the offense;
(2) one or more of the co-conspirators has been acquitted, if at least two co-conspirators have not been acquitted;
(3) one or more of the co-conspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
(4) the actor belongs to a class of persons, who by definition of the offense, are legally incapable of committing the offense in an individual capacity; or
(5) the offense was not actually committed.
(D) A person who commits an offense pursuant to this section is guilty of a felony and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned for not more than five years, or both.
Section 59-150-410. The State Ethics Commission and the Attorney General have standing to enforce any provision of this chapter."
SECTION 3. Section 1-3-240(C) of the 1976 Code is amended by adding:
"(11) South Carolina Education Lottery Corporation."
SECTION 4. Section 59-149-10 of the 1976 Code is amended by adding at the end to read:
"(E)(1) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year institution as defined in this chapter is increased to the cost of tuition for thirty credit hours a year or its equivalent plus a three hundred dollar per year book allowance. Tuition for this purpose means the amount charged for registering for credit hours of instruction and shall not include other fees, charges, or costs of textbooks except for the referenced three hundred dollar book allowance.
(2) Beginning with school year 2002-2003, the annual amount of a LIFE Scholarship for eligible resident students attending a four-year independent institution must be the cost of attendance up to a maximum of the average annual cost of tuition at the state's four-year public institutions of higher learning in the corresponding academic year.
(3) Beginning with the school year 2002-2003, the requirement that high school completion be accomplished on or after May 1995, for eligibility for the LIFE Scholarship is waived."
SECTION 5. Section 59-149-50 of the 1976 Code is amended by adding a subsection (D) to read:
"(D) Beginning with school year 2002-2003, an entering freshman at a four-year institution to be eligible for a LIFE Scholarship in addition to the other requirements of this chapter shall meet two of the following three criteria:
(1) have the grade point average required by this section;
(2) have the Scholastic Aptitude Test (SAT) or equivalent ACT score required by this section;
(3) be in the top thirty percent of his high school graduating class.
For home school students and students whose high school graduating class is less than fifty students, the Commission on Higher Education may define alternative criteria for students to meet the requirement of item (3).
After receipt of a LIFE Scholarship by an entering freshman beginning with school year 2002-2003, a student shall meet the criteria established in this chapter to retain or regain the scholarship.
For an exceptionally gifted student who is accepted into college without having attended high school, the Commission on Higher Education shall define alternative criteria for the student to qualify for a LIFE Scholarship."
SECTION 6. The 1976 Code is amended by adding:
"Section 2-15-63. (A) Beginning in December 2004 and every three years after that, the Legislative Audit Council shall conduct a management performance audit of the South Carolina Lottery Commission. The cost of this audit is an operating expense of the commission.
(B) Nothing in this section limits, abridges, or otherwise affects the provisions of Section 2-15-60.
(C) The Legislative Audit Council may contract with an independent firm experienced in security procedures including, but not limited to, computer security and systems security, to periodically conduct a comprehensive study and evaluation of all aspects of security in the operation of the commission and the lottery. This firm must not have a financial interest in a lottery vendor with whom the commission is under contract. The cost of this evaluation is an operating expense of the commission. The commission shall pay directly to the Legislative Audit Council the cost of the evaluation."
SECTION 7. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) a lottery ticket sold pursuant to Chapter 150 of Title 59;"
SECTION 8. Section 59-63-210 of the 1976 Code is amended to read:
"Section 59-63-210. (A) Any district board of trustees may authorize or order the expulsion, suspension, or transfer of any pupil for a the commission of any crime, gross immorality, gross misbehavior, persistent disobedience, or for violation of written rules and promulgated regulations established by the district board, county board, or the State Board of Education, or when the presence of the pupil is detrimental to the best interest of the school. Every Each expelled pupil shall have has the right to petition for readmission for the succeeding school year. Expulsion or suspension shall must be construed to prohibit a pupil from entering the school, or school grounds, except for a prearranged conference with an administrator, attending any day or night school functions, or riding a school bus. The provisions of this section shall do not preclude enrollment and attendance in any adult or night school.
(B) A district board of trustees shall not authorize or order the expulsion, suspension, or transfer of any pupil for a violation of Section 59-150-250(B)."
SECTION 9. Except for Section 59-150-350(D), (E), and (F), provisions of this chapter relating to guidelines for the appropriation of lottery proceeds must not be amended in a general appropriations act, but only in a separate piece of legislation solely for that purpose and by a majority vote of those present and voting in both houses of the General Assembly.
SECTION 10. Criminal penalties contained in Chapter 150, Title 59 apply only to offenses committed on or after the effective date of this Act.
SECTION 11. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 12. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding does not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 13. This act takes effect upon approval by the Governor. /
Amend title to conform.
/s/Glenn F. McConnell Marion P. Carnell Thomas L. Moore /s/Thomas G. Keegan /s/Larry A. Martin /s/W. Douglas Smith On Part of the Senate. On Part of the House.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Elliott Ford Giese Glover Grooms Hawkins Hayes Holland Hutto Jackson Land Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel Richardson Ritchie Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Waldrep Wilson
Fair Gregory Leventis Reese Verdin
The Report of the Committee of Conference on S. 496 was adopted and a message was sent to the House accordingly.
My vote against adoption of the conference committee report on the lottery legislation was based primarily on two factors. The first is that there are virtually no restrictions on advertising for the lottery. I believe that many South Carolinians will rue the day a lottery passed when they are exposed to the coming onslaught of advertising for the games.
Secondly, I object to the make-up of the commission that will govern the lottery. I believe that the Governor should make, at the very least, the majority of the appointments. Since this will not be the case, I believe there will be a lack of accountability in the management of the games.
I voted against this conference report for the following reasons. My main objection to the lottery was and still is simply this; the State should not promote gambling even if it decides to permit gambling. This Bill has the state in the position of promoting gambling and this did not have to be. This report sets up the State of South Carolina to be the owner and operator of the lottery. The Palmetto State will be the owner, operator and promoter of this gambling business. This is absolutely different from the Georgia Lottery. This law even requires, in some cases, members of this General Assembly to approve specific games that will be used to entice the public to play and to gamble. This Bill puts South Carolina in the gambling business. Philosophically, I believe this is wrong. We had options to avoid this conflict but the political will to do so was not there. I deeply regret this day. Today marks a basic change in the relationship between our state government and the four million people who are South Carolinians.
Columbia, S.C., June 6, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT"; TO PROVIDE FOR A STATE LOTTERY AND TO CREATE THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO CONDUCT THE STATE LOTTERY; TO PROVIDE FOR THE CORPORATION'S BOARD MEMBERSHIP, DUTIES, AND POWERS; TO PROVIDE FOR THE CREATION OF A LOTTERY RETAILERS ADVISORY COMMITTEE; TO PROVIDE FOR THE METHOD OF CONTRACTING WITH VENDORS AND RETAILERS; TO PROVIDE FOR THE SALE OF LOTTERY GAME TICKETS AND THE DISTRIBUTION OF PRIZES; TO PROVIDE FOR ALLOCATION OF LOTTERY PROCEEDS WHICH MUST BE USED FOR EDUCATIONAL PURPOSES AND PROGRAMS; TO PROVIDE CRIMINAL PENALTIES FOR SELLING A LOTTERY TICKET TO A MINOR, PURCHASING A LOTTERY TICKET AS A MINOR, AND DEFRAUDING OR OTHERWISE TAMPERING WITH THE LOTTERY OR MAKING MATERIAL REPRESENTATIONS IN AN APPLICATION OR REPORT IN CONNECTION WITH THE LOTTERY; TO CREATE A SOUTH CAROLINA EDUCATION LOTTERY OVERSIGHT COMMITTEE; TO PROVIDE FOR SET-OFF DEBT COLLECTION FROM PRIZE WINNINGS; TO ESTABLISH THE SOUTH CAROLINA EDUCATION LOTTERY ACCOUNT INTO WHICH THE NET PROCEEDS RECEIVED FROM THE STATE EDUCATION LOTTERY MUST BE DEPOSITED AND TO PROVIDE FOR SPECIFIED PURPOSES FOR THE PROCEEDS; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF OFFICERS BY THE GOVERNOR UNDER CERTAIN CIRCUMSTANCES, SO AS TO ADD THE SOUTH CAROLINA EDUCATION LOTTERY CORPORATION TO THAT PROVISION; TO ADD SECTION 2-15-63, SO AS TO PROVIDE THAT BEGINNING IN DECEMBER 2004, AND EVERY THREE YEARS THEREAFTER, THE LEGISLATIVE AUDIT COUNCIL MUST CONDUCT A MANAGEMENT PERFORMANCE AUDIT OF THE LOTTERY CORPORATION; TO AMEND SECTION 12-36-2120, RELATING TO THE EXEMPTIONS FROM THE SALES TAX, SO AS TO INCLUDE THE SALE OF A LOTTERY TICKET; AND TO AMEND SECTION 59-63-210, RELATING TO THE GROUNDS FOR WHICH A STUDENT MAY BE EXPELLED, SO AS TO PROVIDE THAT NO STUDENT UNDER EIGHTEEN YEARS OF AGE WHO UNLAWFULLY PURCHASES A LOTTERY TICKET MAY BE EXPELLED FOR THAT REASON ONLY.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 6, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title be changed to that of an Act and it be enrolled for Ratification:
S. 496 (Word version) -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 57 TO TITLE 33, SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION LOTTERY ACT". (ABBREVIATED TITLE)
Very respectfully,
Speaker of the House
Received as information.
By prior motion of Senator MOORE, with unanimous consent, the Senate proceeded to a consideration of H. 3956.
H. 3956 (Word version) -- Reps. Wilkins, W.D. Smith, J. Brown, Cato, Harrell, Harrison, Sharpe and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 19, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, JUNE 21, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN THURSDAY, JUNE 21, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, AUGUST 13, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL FRIDAY, SEPTEMBER 7, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN FRIDAY, SEPTEMBER 7, 2001, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, SEPTEMBER 18, 2001, AND TO CONTINUE, IF NECESSARY, UNTIL THURSDAY, SEPTEMBER 20, 2001, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS NOT LATER THAN THURSDAY, SEPTEMBER 20, 2001, AT 5:00 P.M. THE GENERAL ASSEMBLY SHALL STAND IN RECESS; TO PROVIDE FOR THE CONSIDERATION OF LOCAL LEGISLATION WHICH HAS THE UNANIMOUS CONSENT OF THE AFFECTED DELEGATION AND FOR THE RATIFICATION OF ACTS DURING CERTAIN PERIODS BEFORE SINE DIE ADJOURNMENT WHEN THE GENERAL ASSEMBLY IS NOT IN STATEWIDE SESSION; TO PROVIDE THAT BETWEEN JUNE 7, 2001, AND THE DATE OF SINE DIE ADJOURNMENT THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE MAY CALL THEIR RESPECTIVE HOUSES BACK IN SESSION FOR SPECIFIED MATTERS; AND TO PROVIDE THAT AT 5:00 P.M. ON DECEMBER 31, 2001, IF NOT EARLIER ADJOURNED SINE DIE, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senator MOORE proposed the following Amendment No. P-1 (RESMIN3956-01FC.TLM), which was tabled:
Amend the committee report, as and if amended, by striking, beginning on line 23, page 3956-1 through line 8, page 3956-4, and inserting the following:
/ Amend the Concurrent Resolution, as and if amended, by striking all after the resolving words and inserting the following:
Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180, the mandatory Sine Die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 7, 2001, under the following terms and conditions:
(A) When each house adjourns on Thursday, June 7, 2001, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Monday, June 11, 2001, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 22, 2001, for consideration of the following matters and subject to the following conditions, as applicable:
(1) consideration of H. 3687
(2) ratification of acts;
(3) receipt, consideration, and confirmation of appointments;
(4) receipt and consideration of gubernatorial vetoes.
(B) During the period between June 11, 2001 and June 22, 2001 each house, on its own motion, may adjourn for periods in excess of two days provided that any such period(s) of adjournment exceeding two days shall be deemed to be authorized pursuant to the provisions of Article III, Section 21 of the Constitution of this State.
(C) The Speaker of the House and the PRESIDENT Pro Tempore of the Senate may ratify acts at mutually convenient times as necessary between June 11th and June 22nd.
(D) When each house adjourns not later than 5:00 p.m. on Friday, June 22, 2001, the General Assembly shall stand adjourned Sine Die./
Renumber sections to conform.
Senator MOORE explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Bauer Branton Courson Drummond Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Holland Hutto Jackson Land Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Pinckney Rankin Ravenel Reese Richardson Ritchie Ryberg Saleeby Setzler Short Smith, J. Verne Thomas Verdin Waldrep Wilson
The amendment was laid on the table.
Senator McCONNELL proposed the following Amendment No. P-2 (JUD3956.015), which was adopted:
Amend the committee report, as and if amended, by striking all after the resolving words and inserting therein:
/ Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory SINE DIE adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 7, 2001, under the following terms and conditions:
(A) When each house adjourns on Thursday, June 7, 2001, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 19, 2001, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 21, 2001, for consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(6) receipt and consideration of resolutions expressing sympathy or congratulations;
(7) receipt and consideration of resolutions affecting the SINE DIE adjournment date;
(8) concurrence or nonconcurrence in amendments on bills received from the other house; and
(9) consideration of S.496 relating to the lottery or any other lottery-related bill.
(B) When each house adjourns not later than 5:00 p.m. on Thursday, June 21, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Monday, August 13, 2001, and to continue in statewide session, if necessary, until Friday, September 7, 2001, not later than 5:00 p.m. for the consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt and consideration of resolutions expressing sympathy or congratulations;
(6) receipt and consideration of redistricting legislation, including consideration of conference or free conference reports, concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;
(7) receipt and consideration of primary election legislation and related matters pertaining to redistricting issues;
(8) receipt and consideration of joint resolutions approving, approving in part, or disapproving regulations; and
(9) receipt and consideration of resolutions affecting the SINE DIE adjournment date.
(C) When each house adjourns not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Tuesday, September 18, 2001, and to continue in statewide session, if necessary, until Thursday, September 20, 2001, not later than 5:00 p.m. for the consideration of the following matters:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt and consideration of resolutions expressing sympathy or congratulations;
(6) receipt and consideration of resolutions affecting the SINE DIE adjournment date; and
(7) receipt, consideration, and disposition of conference and free conference reports relating to S. 496 or any other lottery-related bill, appointment of conference and free conference committees relating to these bills, and messages pertaining to such reports and appointments.
(D) Each house also may provide for local session days during the periods between June 7 and June 19, 2001, June 21 and August 13, 2001, and September 7, 2001, and September 18, 2001, for consideration of local legislation that has the unanimous consent of the affected delegation.
(E) The Speaker of the House and the President of the Senate may ratify acts at a mutually convenient time between June 7 and June 19, 2001, June 21 and August 13, 2001, and September 7, 2001, and September 18, 2001.
(F) Each house may meet for administrative purposes upon the call of the Speaker of the House or the PRESIDENT Pro Tempore of the Senate between June 7, 2001, and the date when the General Assembly stands adjourned SINE DIE.
(G) The Speaker of the House and the PRESIDENT Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 7, 2001, and the date when the General Assembly stands adjourned SINE DIE for the purpose of considering any matters listed in this resolution. If the Speaker of the House and the PRESIDENT Pro Tempore of the Senate call their respective houses into statewide session under the provisions of this subsection they must designate the specific items to be considered and the duration of such consideration which shall be binding upon each house.
(H) When each house adjourns not later than 5:00 p.m. on Thursday, September 20, 2001, the General Assembly shall stand in recess until no later than 5:00 p.m. on December 31, 2001, and unless otherwise adjourned SINE DIE at an earlier date after September 20, 2001, on December 31, 2001, not later than 5:00 p.m. the General Assembly shall stand adjourned SINE DIE. /
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Senator HUTTO moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Drummond Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Alexander Bauer Branton Courson Elliott Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
The amendment was adopted.
The question then was the adoption of the committee amendment, as perfected.
The Committee on Judiciary proposed the following amendment (JUD3956.002), which was adopted:
Amend the concurrent resolution, as and if amended, by striking all after the resolving words and inserting therein the following:
/ Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180, the mandatory Sine Die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 7, 2001, under the following terms and conditions:
(A) When each house adjourns on Thursday, June 7, 2001, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Tuesday, June 19, 2001, and to continue in statewide session, if necessary, not later than 5:00 p.m. on Thursday, June 21, 2001, for consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(6) receipt and consideration of resolutions expressing sympathy or congratulations;
(7) receipt and consideration of resolutions affecting Sine Die adjournment;
(8) concurrence or nonconcurrence in amendments on bills received from the other house; and
(9) consideration of S.496 relating to the lottery or any other lottery-related bill in lieu of S.496.
(B) When each house adjourns not later than 5:00 p.m. on Thursday, June 21, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Monday, August 13, 2001, and to continue in statewide session, if necessary, until Friday, September 7, 2001, not later than 5:00 p.m. for the consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt and consideration of resolutions expressing sympathy or congratulations;
(6) receipt and consideration of redistricting legislation, including receipt, consideration, and disposition of conference or free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments, concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;
(7) receipt and consideration of primary election legislation and related matters pertaining to redistricting issues;
(8) receipt and consideration of joint resolutions approving, approving in part, or disapproving regulations; and
(9) receipt and consideration of resolutions affecting Sine Die adjournment.
(C) When each house adjourns not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand adjourned to meet at 11:00 a.m. on Tuesday, September 18, 2001, and to continue in statewide session, if necessary, until Monday, September 24, 2001, not later than 5:00 p.m. for the consideration of the following matters:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) receipt and consideration of resolutions expressing sympathy or congratulations;
(6) receipt and consideration of resolutions affecting the Sine Die adjournment date; and
(7) receipt, consideration, and disposition of conference and free conference reports relating to S.496 or any other lottery-related bill, appointment of conference and free conference committees relating to these bills, and messages pertaining to such reports and appointments.
(D) Each house also may provide for local session days during the periods between June 7 and June 19, 2001, June 21 and August 13, 2001, and September 7 and September 18, 2001, for consideration of local legislation that has the unanimous consent of the affected delegation.
(E) The Speaker of the House and the PRESIDENT Pro Tempore of the Senate may ratify acts at a mutually convenient time between June 7 and June 19, 2001, June 21 and August 13, 2001, and September 7 and September 18, 2001.
(F) Each house may meet for the purpose of election of officers by the respective bodies upon the call of the Speaker of the House or the PRESIDENT Pro Tempore of the Senate between June 7, 2001, and the date when the General Assembly stands adjourned Sine Die.
(G) The Speaker of the House and the PRESIDENT Pro Tempore of the Senate, by mutual consent, may call their respective houses into statewide session at any time between June 7, 2001, and the date when the General Assembly stands adjourned Sine Die for the purpose of considering any matters listed in this resolution. If the Speaker of the House and the PRESIDENT Pro Tempore of the Senate call their respective houses into statewide session under the provisions of this subsection, they must designate the specific items to be considered and the duration of such consideration which shall be binding upon each house.
(H) Adoption by each house of this resolution shall constitute waiver by the Senate and the House of Representatives of Senate Rule 47 and House Rule 5.12, respectively, as to the receipt and consideration of any legislation after May 1, 2001, if such legislation is set forth in subsection (B)(4), (5), (6), (7), (8), and (9) or (C)(4), (5), (6), and (7) of this resolution.
(I) When each house adjourns not later than 5:00 p.m. on Monday, September 24, 2001, the General Assembly shall stand in recess until no later than 5:00 p.m. on December 31, 2001; and unless otherwise adjourned Sine Die at an earlier date after September 24, 2001, on December 31, 2001, not later than 5:00 p.m., the General Assembly shall stand adjourned Sine Die. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted, as perfected.
Senator MOORE proposed the following Amendment No. 1 (RESMIN3956-02FC.TLM), which was tabled:
Amend the committee report, as and if amended, by striking, beginning on line 23, page 3956-1 through line 8, page 3956-4, and inserting the following:
/ Amend the Concurrent Resolution, as and if amended, by striking all after the resolving words and inserting the following:
Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180, the mandatory Sine Die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 7, 2001, under the following terms and conditions:
(A) When each house adjourns on Thursday, June 7, 2001, not later than 5:00 p.m., it shall stand adjourned and be authorized to meet in statewide session at 11:00 a.m. on Monday, June 11, 2001, or any date thereafter not later than Friday, June 29, 2001 and to continue in statewide session, if necessary, not later than 5:00 p.m. on Friday, June 29, 2001, and when each house adjourns no later than 5:00 p.m. on Friday, June 29, 2001, it shall stand adjourned to meet at 11:00 a.m. on Monday, August13, 2001 and to continue in statewide session, if necessary, not later than 5:00 p.m. on Tuesday, August 28, 2001 and when each house adjourns no later than 5:00 p.m. on Tuesday, August 28, 2001 it shall stand adjourned to meet Wednesday, September 5, 2001 at 12:00 noon and to continue in statewide session, if necessary, not later than 5:00 p.m. Friday, September 7, 2001 for consideration of the following matters and subject to the following conditions, as applicable:
(1) receipt and consideration of gubernatorial vetoes;
(2) receipt, consideration, and confirmation of appointments;
(3) ratification of acts;
(4) introduction, receipt and consideration of local legislation which has the unanimous consent of the affected delegation;
(5) except as otherwise provided in items (7), (9), (10) and (11); receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments for bills that are in conference or free conference status on or before June 7, 2001;
(6) introduction, receipt and consideration of resolutions expressing sympathy or congratulations;
(7) introduction, receipt and consideration of resolutions affecting Sine Die adjournment;
(8) except as otherwise provided in items (7), (9), (10) and (11); concurrence or nonconcurrence in amendments on bills received from the other house on or before June 7, 2001;
(9) consideration of S.496 relating to the lottery or any other lottery-related bill in lieu of S.496. including receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments relating to S.496 or any other lottery-related bill in lieu of S.496;
(10) introduction, receipt and consideration of redistricting legislation, including receipt, consideration, and disposition of conference or free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments, concerning the South Carolina House of Representatives, the South Carolina State Senate, and the six United States Congressional Seats allocated to South Carolina;
(11) introduction, receipt and consideration of primary election legislation and related matters pertaining to redistricting issues; and
(12) introduction, receipt and consideration of joint resolutions approving, approving in part, or disapproving regulations.
(B) Each house on its own motion may adjourn for periods in excess of two days provided that any such period(s) of adjournment exceeding two days shall be deemed to be authorized pursuant to the provisions of Article III, Section 21 of the Constitution of this State.
(C) Each house may provide for local session days during the periods between June 7 and August 28 for consideration of local legislation that has the unanimous consent of the affected delegation.
(D) The Speaker of the House and the PRESIDENT Pro Tempore of the Senate may ratify acts at mutually convenient times as necessary between June 7 and August 28.
(E) When each house adjourns not later than 5:00 p.m. on Friday, September 7, 2001, the General Assembly shall stand djourned Sine Die provided that if the Senate has given third reading to legislation establishing a redistricting plan for the Senate and the six congressional districts and has given third reading by an affirmative vote of thirty one members of the Senate on or before September 7, 2001 then the Speaker of the House and the PRESIDENT Pro Tempore of the Senate, by mutual agreement and only with the affirmative consent of the majority and minority leaders of their respective bodies may order an extension of the Sine Die adjournment date not to exceed 45 calendar days, including Saturdays and Sundays. If such extension is ordered then the date each house shall reconvene shall by determined by mutual agreement of the Speaker of the House and the PRESIDENT Pro Tempore of the Senate, and only with the affirmative consent of the majority and minority leaders of their respective bodies. Matter eligible to be considered during the extended session is limited to those items authorized under the terms of this resolution and if the Sine Die date is extended as provided herein the General Assembly shall stand adjourned Sine Die, not later than 5:00 p.m., on the date to which the session has been extended. /
Amend title to conform.
Senator MOORE explained the amendment.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Elliott Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Drummond Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
The amendment was laid on the table.
The question then was the adoption of the Concurrent Resolution, as amended.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bauer Branton Courson Elliott Fair Giese Gregory Grooms Hawkins Hayes Leatherman Martin McConnell Mescher Peeler Ravenel Richardson Ritchie Ryberg Smith, J. Verne Thomas Verdin Waldrep Wilson
Anderson Drummond Ford Glover Holland Hutto Jackson Land Leventis Matthews McGill Moore O'Dell Passailaigue Patterson Pinckney Rankin Reese Saleeby Setzler Short
Having failed to receive the necessary vote, the adoption of the Concurrent Resolution failed.
H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTIONS OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, THE ECONOMIC DEVELOPMENT AUTHORITY, POLITICAL SUBDIVISIONS, TELECOMMUNICATIONS, AND OTHER SECTIONS OF TITLE 12; AND TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT; TO MAKE CERTAIN SUBSTANTIVE AND TECHNICAL CHANGES. (ABBREVIATED TITLE)
Senator HUTTO asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator BAUER objected.
H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
On motion of Senator GREGORY, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator GREGORY spoke on the report.
On motion of Senator GREGORY, the Report of the Committee of Conference to H. 3117 was adopted as follows:
The General Assembly, Columbia, S.C., June 5, 2001
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 21, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-2740. (A) The Department of Public Safety shall suspend the driver's license and vehicle registration of a person who fails to pay personal property tax on a vehicle. The request to suspend must be an electronic notification from the county treasurer of the county where the tax is delinquent. Before the electronic notification is sent to the department, the county treasurer shall notify the delinquent taxpayer of the pending suspension by letter. The letter must be developed by the county treasurers in conjunction with the department and used uniformly throughout the State. The letter must advise the person of the pending suspension and the steps necessary to prevent the suspension from being entered on the person's driving and registration records. Each county must allow thirty days for the payment of taxes before the county notifies the department to suspend the person's driver's license and vehicle registration.
(B) Notwithstanding the provisions of Section 56-1-460, a charge of driving under suspension when the suspension is solely for failure to pay property taxes or the reinstatement fee required for the property tax suspension does not require proof of financial responsibility. A person shall not be subject to a custodial arrest solely for being under suspension pursuant to provisions contained in this section. Upon conviction:
(1) For a first offense under this section, the penalty is a fine not to exceed fifty dollars.
(2) For a second offense under this section, the penalty is a fine not to exceed two hundred fifty dollars.
(3) For a third or subsequent offense under this section, the penalty must not exceed the general criminal jurisdiction of a magistrate's court.
(C) Notwithstanding the provisions of subsections (A) and (B) of this section or the provisions of Section 56-1-460, a charge of driving under suspension issued solely as a result of this section must be dismissed if the person provides proof on the person's court date that the personal property taxes on the vehicle which resulted in the charge being issued have been paid.
(D) Before the reinstatement of a driver's license or vehicle registration suspended due to a violation of this section, a fee of fifty dollars must be paid to the department. The department may retain revenues generated by payment of the reinstatement fees pursuant to this section for use in defraying costs associated with suspension and reinstatement actions pursuant to this section. Fees collected in excess of actual departmental direct costs related to suspension and reinstatement actions pursuant to this section must be deposited to the credit of the general fund of the State at the end of each fiscal year."
SECTION 2. This act takes effect on October 1, 2001. /
Amend title to read:
/ A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE, TO REQUIRE WRITTEN NOTICE TO THE DELINQUENT TAXPAYER OF THE PENDING SUSPENSION AND ALLOW THIRTY DAYS FOR THE PAYMENT OF TAXES BEFORE THE SUSPENSION, TO PROVIDE THAT NO PROOF OF FINANCIAL RESPONSIBILITY IS REQUESTED FOLLOWING THIS SUSPENSION, TO PROVIDE THAT A PERSON STOPPED FOR DRIVING UNDER THIS SUSPENSION IS NOT SUBJECT TO CUSTODIAL ARREST, TO PROVIDE PENALTIES FOR THE VIOLATION OF DRIVING UNDER THIS SUSPENSION, TO REQUIRE THE DISMISSAL OF THE VIOLATION CHARGED IF THE PERSON PROVIDES ON THE COURT DATE PROOF OF PAYMENT OF THE TAXES, TO PROVIDE A LICENSE REINSTATEMENT FEE OF FIFTY DOLLARS, AND TO PROVIDE FOR THE DISPOSITION OF THE FEE REVENUES. /
/s/Sen. Greg Gregory /s/ Rep. Elsie Rast Stuart /s/Sen. Greg Ryberg /s/Rep. Edith Martin Rodgers /s/Sen. Linda Short /s/Rep. Jesse E. Hines On Part of the Senate. On Part of the House.
Columbia, S.C., June 6, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on:
H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 6, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title be changed to that of an Act and it be enrolled for Ratification:
H. 3117 (Word version) -- Reps. Kirsh, Witherspoon and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-2740 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY UPON WRITTEN OR ELECTRONIC NOTIFICATION FROM THE COUNTY TREASURER TO SUSPEND THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS WHO ARE DELINQUENT IN PAYING PERSONAL PROPERTY TAXES ON A MOTOR VEHICLE; TO AMEND SECTION 12-37-2675, RELATING TO THE PROHIBITION OF ADDITIONAL TAXES WHEN A MOTOR VEHICLE LICENSE PLATE IS TRANSFERRED, SO AS TO PROVIDE THAT THE PROHIBITION APPLIES IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE TAG WAS REMOVED IS TRANSFERRED TO A NEW OWNER; AND TO AMEND SECTION 56-3-1290, RELATING TO THE TRANSFER OF LICENSE PLATES AND THE APPLICABLE FEE, SO AS TO ALLOW A TRANSFER ONLY IF THE TITLE AND REGISTRATION TO THE VEHICLE FROM WHICH THE LICENSE WAS REMOVED IS TRANSFERRED TO A NEW OWNER.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., June 5, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 63 (Word version) -- Senators Mescher, Grooms, McGill, Richardson, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
asks for a Committee of Conference, and has appointed Reps. Scott, Fleming and J. Young to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
S. 63 (Word version) -- Senators Mescher, Grooms, McGill, Richardson, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
Whereupon, Senators McGILL, RICHARDSON and MESCHER were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
Columbia, S.C., June 5, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
asks for a Committee of Conference, and has appointed Reps. Rice, Chellis and Kelley to the committee on the part of the House.
Very respectfully,
Speaker of the House
Received as information.
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
Whereupon, Senators HAYES, BRANTON and HUTTO were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
On motion of Senator BRANTON, with unanimous consent, the Report of the Committee of Conference was taken up for immediate consideration.
Senator BRANTON spoke on the report.
On motion of Senator BRANTON, the Report of the Committee of Conference to S. 349 was adopted as follows:
The General Assembly, Columbia, S.C., June 6, 2001
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-21-2420 of the 1976 Code is amended by adding a new item appropriately numbered to read:
"( ) for entry into the pit area of NASCAR sanctioned motor speedways or racetracks for drivers, crew members, or car owners where a participation fee is charged these persons by NASCAR, or by the speedway or racetrack, where a charge to these persons is made on a per event basis for entry into the pit area, or where a combination of annual and per event charges to these persons is made for entry into the pit area;"
SECTION 2. Section 6-4-5 of the 1976 Code, as added by Act 147 of 1991, is amended by adding at the end:
"(5) 'Tourist' means a person traveling to and staying in places outside his usual environment for one night or more for leisure, business, or any other purpose. A person meeting this definition may be staying in places of public accommodations such as hotels, motels, inns, bed and breakfasts, campgrounds, or the residences of family or friends."
SECTION 3. A. Chapter 4, Title 6 of the 1976 Code is amended by adding:
"Section 6-4-35. (A) There is established the Tourism Expenditure Review Committee consisting of nine members as follows:
(1) one member appointed by the Speaker of the House;
(2) one member appointed by the President Pro Tempore of the Senate;
(3) the Director of the South Carolina Department of Parks, Recreation and Tourism, or his designee, ex officio;
(4) six members appointed by the Governor as follows:
(a) one member on the recommendation of the South Carolina Association of Tourism Regions;
(b) one member on the recommendation of the South Carolina Association of Convention and Visitors Bureaus;
(c) one member on the recommendation of the South Carolina Travel and Tourism Coalition;
(d) one member on the recommendation of the Municipal Association of South Carolina;
(e) one member on the recommendation of the South Carolina Association of Counties; and
(f) one member on the recommendation of the Hospitality Association of South Carolina.
Appointed members shall serve for terms of four years and until their successors are appointed and qualify, except that of those first appointed by the Governor, four shall serve for a term of two years and the term must be noted on the appointment. Regardless of the date of appointment, all terms expire July first of the applicable year. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term.
(B)(1)(a) The Tourism Expenditure Review Committee shall serve as the oversight authority on all questionable tourism-related expenditures and to that end, all reports filed pursuant to Section 6-4-25(D)(3) must be forwarded to the committee for review to determine if they are in compliance with this chapter. The municipality or county must be notified if an expenditure is questioned, and the committee may consider any further supporting information the municipality or county may provide. If the committee finds an expenditure to be in noncompliance, it shall certify the noncompliance to the State Treasurer, who shall withhold the amount of the expenditure found in noncompliance from subsequent distributions in accommodations tax revenue otherwise due the municipality or county. An appeal from an action of the committee under this subitem lies with the Administrative Law Judge Division.
(b) If the committee determines that a municipality or county has failed to file the reports required pursuant to Section 6-4-25(D)(3), it may impose a fee of five hundred dollars a month or part of a month for each month the report is not filed, but not more than five thousand dollars. The committee shall certify the penalty to the State Treasurer, who shall withhold the amount of the penalty from subsequent distributions otherwise due the municipality or county. An appeal from an action of the committee under this subitem lies with the Administrative Law Judge Division.
(c) Allocations withheld must be reallocated proportionately to all other recipients.
(2) The committee has jurisdiction to investigate and research facts on written complaints submitted to it with regard to the appropriate tourism-related expenditures and resolve these complaints as provided in item (1) of this subsection.
(3) The committee shall forward copies of information submitted by the local governments and regional tourism agencies pursuant to Section 6-4-25 arising under the tourism provisions of this chapter to the Department of Parks, Recreation and Tourism, which shall publish an annual report on the information submitted."
B. Section 6-4-30 of the 1976 Code, as amended by Act 87 of 1997, is further amended to read:
"Section 6-4-30. Local governments covered by this chapter may expend accommodations tax revenues pursuant to this chapter, and the Department of Revenue shall:
(1) serve as a resource to, answer questions of, and assist advisory committees and local governments in the implementation of the accommodations tax; and
(2) arrange continuing education programs or workshops for local governmental officials and advisory committee members;
(3) serve as the oversight authority on questionable expenditures;
(4) require that complaints relating to the accommodations tax be submitted in writing;
(5) investigate and research facts on submitted complaints;
(6) forward copies of information submitted by the local governments and regional tourism agencies in Section 6-4-20 covered by the tourism provisions of this chapter to the Department of Parks, Recreation and Tourism, which shall publish an annual report on the information submitted."
C. Section 12-36-2630(3) of the 1976 Code is amended to read:
"(3) a two percent local accommodations tax, which must be credited to the political subdivisions of the State in accordance with Chapter 4 of Title 6. The proceeds of this tax, less the departments department's actual incremental increase in the cost of administration and the expenses of the Tourism Expenditure Review Committee established pursuant to Section 6-4-35, must be remitted quarterly to the municipality or the county in which it is collected. The two percent tax provided by this item may not be increased except upon approval of two-thirds of the membership of each House of the General Assembly. However, the tax may be decreased or repealed by a simple majority of the membership of each House of the General Assembly.
The tax imposed by Section 12-36-920 must be billed and paid in a single item listed as tax, without itemizing the taxes referred to in this section."
SECTION 4. Section 12-21-2420(14) of the 1976 Code is amended to read:
"(14) On admissions to a physical fitness center subject to the provisions of Chapter 79 of Title 44, the Physical Fitness Services Act, that provides only the following activities or facilities:
(a) aerobics or calisthenics;
(b) weightlifting equipment;
(c) exercise equipment;
(d) running tracks;
(e) racquetball;
(f) swimming pools for aerobics and lap swimming; and
(g) other similar items approved by the department.
The entire admission charge of a physical fitness center which provides any other activity or facilities is subject to the tax imposed by this article. Physical fitness facilities or centers of the State of South Carolina and any of its political subdivisions which are exempt from the Physical Fitness Services Act, pursuant to Section 44-79-110 and therefore subject to the admissions tax under this article are nevertheless exempt from the admissions tax if they meet other requirements of this subsection."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS LICENSE TAX AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF NASCAR SANCTIONED MOTOR SPEEDWAYS AND RACETRACKS FOR DRIVERS, CREW MEMBERS, OR CAR OWNERS IS EXEMPT FROM THE TAX WHEN THESE PERSONS HAVE BEEN CHARGED A PARTICIPATION FEE BY NASCAR OR THE RACETRACK, OR WHERE THERE IS A PER EVENT CHARGE FOR ENTRY, OR A COMBINATION OF THESE FEES AND CHARGES ARE IMPOSED, AND TO EXTEND THE CURRENT EXEMPTION FROM THE ADMISSIONS LICENSE TAX FOR PRIVATE PHYSICAL FITNESS CENTERS TO PUBLICLY OWNED PHYSICAL FITNESS CENTERS; TO AMEND THE 1976 CODE BY ADDING SECTION 6-4-35 SO AS TO ESTABLISH THE TOURISM EXPENDITURE REVIEW COMMITTEE FOR THE PURPOSE OF REVIEWING TOURISM-RELATED EXPENDITURES OF STATE ACCOMMODATIONS SALES TAX REVENUES OF MUNICIPALITIES AND COUNTIES AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES, INCLUDING THE AUTHORITY TO ORDER A REDUCTION IN THE ACCOMMODATIONS TAX REVENUE ALLOCATION TO A MUNICIPALITY OR COUNTY TO REFLECT A QUESTIONABLE EXPENDITURE OR LATE FILED REPORTS; TO AMEND SECTIONS 6-4-5 AND 6-4-30, AS AMENDED, RELATING TO DEFINITIONS AND THE DUTIES OF THE DEPARTMENT OF REVENUE IN THE ALLOCATIONS OF ACCOMMODATIONS TAX REVENUES, SO AS TO ADD A DEFINITION FOR "TOURIST" AND TO DELETE DUTIES FORMERLY ASSIGNED TO THE DEPARTMENT OF REVENUE NOW ASSIGNED THE COMMITTEE ESTABLISHED BY THIS ACT; AND TO AMEND SECTION 12-36-2630, RELATING TO THE IMPOSITION OF THE STATE SALES TAX ON ACCOMMODATIONS, SO AS TO CLARIFY THE REVENUES WHICH MAY BE RETAINED BY THE DEPARTMENT OF REVENUE AND TO ALLOW THESE REVENUES TO FUND THE EXPENSES OF THE COMMITTEE ESTABLISHED BY THIS ACT/
/s/William S. Branton, Jr. /s/Mark S. Kelley /s/Robert W. Hayes, Jr. /s/Converse A. Chellis /s/ C. Bradley Hutto /s/Rex F. Rice On Part of the Senate. On Part of the House.
Columbia, S.C., June 6, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on:
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
Very respectfully,
Speaker of the House
Received as information.
The Report of the Committee of Conference having been adopted by both Houses, ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
S. 349 (Word version) -- Senators Branton, Verdin, Leatherman, Peeler, McConnell, Giese, Grooms, Bauer, Waldrep, Wilson, Mescher, Ryberg, Fair, Hayes, Thomas and Martin: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATE OF THE ADMISSIONS TAX AND EXEMPTIONS FROM THE ADMISSIONS TAX, SO AS TO PROVIDE THAT ENTRY INTO THE PIT AREA OF MOTOR SPEEDWAYS OR RACETRACKS FOR DRIVERS, CREW MEMBERS, SCOREKEEPERS OR OTHER SUPPORT STAFF, CAR OWNERS AND SPONSORS, AND FAMILY MEMBERS THEREOF IS EXEMPT FROM THE ADMISSIONS TAX UNDER CERTAIN CONDITIONS.
A message was sent to the House accordingly.
S. 301 (Word version) -- Senator Fair: A BILL TO AMEND TITLE 17, CHAPTER 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS, POWERS, AND DUTIES OF CORONERS AND MEDICAL EXAMINERS, SO AS TO CONSOLIDATE AND CLARIFY THE DUTIES OF CORONERS AND MEDICAL EXAMINERS; AND TO AMEND SECTIONS 20-7-5915 AND 20-7-5920, RELATING TO THE DEPARTMENT OF CHILD FATALITIES AND THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO CONFORM CODE REFERENCES TO RENUMBERED SECTIONS; TO AMEND SECTION 32-8-325, REGARDING CREMATION, SO AS TO CONFORM CODE REFERENCES TO RENUMBERED SECTIONS; AND TO AMEND SECTION 44-43-960, REGARDING DONATION OF BODY PARTS, SO AS TO CONFORM CODE REFERENCES TO THE RENUMBERED SECTIONS.
The House returned the Bill with amendments.
Senator FAIR explained the House amendments.
On motion of Senator FAIR, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
S. 557 (Word version) -- Senators Matthews, Patterson, Hutto, Saleeby, Land, O'Dell, Jackson, Ford, Glover and Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-127-85 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE UNIVERSITY TO ENTER INTO A GROUND LEASE AGREEMENT WITH A PRIVATE ENTITY FOR PROVIDING ALL SERVICES NECESSARY TO THE CREATION AND OPERATION OF AN ON-CAMPUS STUDENT HOUSING FACILITY INCLUDING, BUT NOT LIMITED TO, FINANCING, DESIGNING, CONSTRUCTING, MANAGING, OPERATING, MAINTAINING, AND RELATED SERVICES, TO PROVIDE FOR THE TERMS AND CONDITIONS OF THIS GROUND LEASE AGREEMENT INCLUDING APPROVAL BY THE BUDGET AND CONTROL BOARD, AND TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL EVALUATE THE VIABILITY AND SUCCESS OF THIS GROUND LEASE AGREEMENT AUTHORIZATION FOR POSSIBLE IMPLEMENTATION STATEWIDE FOR ALL PUBLIC INSTITUTIONS OF HIGHER LEARNING WHICH PROVIDE ON-CAMPUS STUDENT HOUSING.
The House returned the Bill with amendments.
On motion of Senator MATTHEWS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.
H. 3974 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 37-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF PERSONS WHO SELL PRESCRIPTION DRUG DISCOUNT CARDS, TO MAKE CERTAIN CHANGES; TO AMEND SECTIONS OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT AND OTHER PROVISIONS, TO MAKE CERTAIN CHANGES; TO AMEND SECTIONS OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE INSURANCE, TO MAKE CERTAIN CHANGES. (ABBREVIATED TITLE).
The House returned the Bill with amendments.
On motion of Senator THOMAS, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 733 (Word version) -- Senators Hawkins and Ritchie: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MR. GEORGE DEAN JOHNSON, JR. OF SPARTANBURG FOR HIS KEY ROLE IN BRINGING A NEW YORK STOCK EXCHANGE COMPANY'S HEADQUARTERS TO SPARTANBURG AND TO EXPRESS THE DEEPEST GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR HIS GENEROUS SUPPORT AND MANY CONTRIBUTIONS TO SPARTANBURG AND THE STATE OF SOUTH CAROLINA.
Returned with concurrence.
Received as information.
S. 734 (Word version) -- Senators Matthews and Pinckney: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND LEONARD ERVIN DAWSON, PH.D., OF DENMARK FOR HIS DEDICATION TO LEARNING, COMMITMENT TO EXCELLENCE, AND MANY CONTRIBUTIONS TO SOUTH CAROLINA AND THE NATION AS A LEADER IN THE FIELD OF EDUCATION, TO ESPECIALLY THANK HIM FOR HIS MANY YEARS OF LEADERSHIP AND DISTINGUISHED SERVICE AS PRESIDENT OF VOORHEES COLLEGE, AND TO WISH HIM AND HIS FAMILY THE VERY BEST OF HEALTH AND HAPPINESS IN THE YEARS AHEAD ON THE OCCASION OF HIS RETIREMENT FROM HIS DISTINGUISHED POST AT VOORHEES COLLEGE.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3889 (Word version) -- Reps. Cotty, Sheheen, J.M. Neal and Lucas: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD KERSHAW COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
Senator HOLLAND asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
On motion of Senator HOLLAND, with unanimous consent, the Bill was read the third time and ordered enrolled for Ratification.
H. 3731 (Word version) -- Reps. Cato, Chellis, Allen, Bales, Barfield, Barrett, Battle, J. Brown, Carnell, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Easterday, Freeman, Harrison, Hinson, Huggins, Klauber, Leach, Lee, Littlejohn, Loftis, Lucas, Mack, McCraw, Miller, Owens, Perry, Phillips, Rhoad, Rice, Riser, Rivers, Sandifer, Simrill, Snow, Taylor, Vaughn, Webb, Whatley and Wilkins: A BILL TO AMEND SECTION 40-2-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR CONDUCTING EXAMINATIONS FOR LICENSURE OF CERTIFIED PUBLIC ACCOUNTANTS SO AS TO REVISE TIME FRAMES FOR PROVIDING NOTICE OF EXAMINATION DATES AND FOR SUBMITTING APPLICATIONS FOR EXAMINATION, TO REVISE REFERENCES TO THE TYPE OF EXAMINATIONS TO BE GIVEN, AND TO AUTHORIZE THE BOARD TO ENGAGE THIRD PARTIES TO ASSIST WITH ADMINISTRATIVE RESPONSIBILITIES FOR ADMINISTERING EXAMINATIONS; AND TO AMEND SECTION 40-2-550, RELATING TO QUALIFICATIONS FOR LICENSURE, SO AS TO REVISE A REFERENCE TO WRITTEN EXAMINATIONS.
By prior motion of Senator PASSAILAIGUE, with unanimous consent
The following House Bills were read the third time and ordered returned to the House with amendments:
H. 3272 (Word version) -- Reps. Neilson, Jennings, Cato, Riser, Altman, Askins, Bales, Barfield, Barrett, Bingham, J. Brown, Chellis, Coates, Davenport, Delleney, Easterday, Edge, Emory, Freeman, Gilham, Gourdine, Harrison, Harvin, Hayes, J. Hines, Hosey, Littlejohn, Lloyd, Lucas, McCraw, McGee, J.M. Neal, Owens, Phillips, Scarborough, Scott, F.N. Smith, J.R. Smith, Stuart, Taylor, Vaughn, Webb, Weeks, White, Witherspoon and Simrill: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 87 SO AS TO PROVIDE FOR THE ISSUANCE OF NASCAR SPECIAL LICENSE PLATES, AND PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES.
On motion of Senator FAIR, with unanimous consent
H. 3294 (Word version) -- Reps. Hinson, Law, Dantzler, Gourdine and Merrill: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.
By prior motion of Senator GROOMS, with unanimous consent
H. 4044 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA TRUSTEE INVESTMENT ACT; TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; AND TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT.
By prior motion of Senator HAYES, with unanimous consent
Columbia, S.C., June 6, 2001
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4044 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA TRUSTEE INVESTMENT ACT; TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO DESIGNATE THE SECTION AS THE "UNIFORM PRUDENT INVESTOR ACT", TO RECOGNIZE THE PRUDENT INVESTOR RULE AND THE TOTAL RETURN THEORY OF INVESTMENT MANAGEMENT; AND TO AMEND PART 4, ARTICLE 7, CHAPTER 7, TITLE 62, RELATING TO THE UNIFORM PRINCIPAL AND INCOME ACT, SO AS TO DESIGNATE PART 4 AS THE "UNIFORM PRINCIPAL AND INCOME ACT OF 1997"; TO PERMIT THE ALLOCATION OF BENEFICIARY RECEIPTS BY A TRUSTEE TO INCOME INSTEAD OF TO PRINCIPAL UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND IN RECOGNITION OF TOTAL RETURN THEORY OF INVESTMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
H. 3160 (Word version) -- Reps. Lee and Whipper: A BILL TO AMEND SECTIONS 15-27-155 AND 17-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF INTERPRETERS IN CIVIL AND CRIMINAL PROCEEDINGS WHENEVER A PARTY OR WITNESS DOES NOT SUFFICIENTLY SPEAK ENGLISH, SO AS TO PROVIDE AND REVISE DEFINITIONS FOR CERTAIN TERMS, TO REVISE THE CIRCUMSTANCES UPON WHICH AN INTERPRETER IS APPOINTED, WHO MAY APPOINT AN INTERPRETER, WHOSE TESTIMONY MAY BE INTERPRETED, AND AN INTERPRETER'S QUALIFICATIONS, TO PROVIDE FOR THE CREATION OF A COURT INTERPRETERS ADVISORY PANEL WHOSE PURPOSE IS TO ASSIST THE SUPREME COURT AND COURT ADMINISTRATION IN DEVELOPING POLICIES RELATING TO INTERPRETERS, TO PROVIDE THAT THE DIVISION OF COURT ADMINISTRATION'S CENTRALIZED LIST OF INTERPRETERS SHALL INCLUDE CERTIFIED AND OTHERWISE QUALIFIED INTERPRETERS TO INTERPRET PROCEEDINGS TO THE PRINCIPAL IN INTEREST AND TESTIMONY OF A WITNESS, AND TO PROVIDE THAT A PRINCIPAL PARTY IN INTEREST OR A WITNESS, MAY USE AN INTERPRETER WHO DOES NOT APPEAR ON THE CENTRALIZED LIST IF HE SUBMITS TO A VOIR DIRE BY THE APPOINTING AUTHORITY.
Senator REESE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of an amendment (JUD3160.004A) proposed by Senator McCONNELL and previously printed in the Journal of Monday, June 4, 2001.
On motion of Senator McCONNELL, with unanimous consent, the amendment was withdrawn.
Senators HAWKINS and LEVENTIS proposed the following Amendment No. 3 (JUD3160.005), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 15-27-15(A) of the 1976 Code is amended to read:
"Section 15-27-15. (A) Whenever a deaf person is a party or witness to in any legal proceeding including, but not limited to, a civil or criminal proceeding, a family court proceeding, an action involving a traffic violation, or other criminal matter heard in magistrate's magistrates court, or is confined to an institution, the court shall must appoint as many qualified interpreters or deaf relay interpreters as needed and are approved by the South Carolina Association of the Deaf. The interpreter must be approved by the deaf person and either the South Carolina Association of the Deaf and the South Carolina Registry of Interpreters for the Deaf or the National Registry of Interpreters for the Deaf to interpret the proceedings to and the testimony of the deaf person, unless the deaf person waives having a qualified interpreter, elects to use another individual of his own selection as his interpreter, or the judge finds that it is not necessary for the fulfillment of justice. If a person elects to use an interpreter other than a qualified interpreter provided for in this section, the court must first make a determination that this action is in the best interest of the individual and is in the best interests of justice. The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for interpreting services which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly."
SECTION 2. Section 15-27-155(C) of the 1976 Code is amended to read:
"(C) The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which may be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly, paid by one or more of the parties as the court may direct, or taxed ultimately as costs based on the discretion of the court.
(1) The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court;
(2) The fees for interpreting services may be:
(a) paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly;
(b) paid by one or more of the parties as the court may direct; or
(c) taxed ultimately as costs based on the discretion of the court."
SECTION 3. Section 17-1-50 of the 1976 Code is amended to read:
"Section 17-1-50. (A) Notwithstanding any other provision of law, whenever a party or witness to a criminal legal proceeding does not sufficiently speak the English language to testify, the court must appoint a qualified interpreter to interpret the proceedings and the testimony of the party or witness. However, the court may waive the use of a qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a qualified interpreter is in the best interest of the party or witness and that this action is in the best interest of justice. As used in this section:
(1) 'Certified interpreter' means an interpreter who meets the standards contained in subitem (A)(4) and is certified by the administrative office of the United States courts, by the office of the administrator for the state courts, or by a nationally recognized professional organization.
(2) 'Legal proceeding' means a proceeding in which a non-English speaking person is a party or a witness.
(3) 'Non-English speaking person' means a party or a witness participating in a legal proceeding who has limited ability to speak or understand the English language.
(4) 'Qualified interpreter' means a person who:
(a) is eighteen years of age or older;
(b) is not a family member of a party or a witness;
(c) is not a person confined to an institution; and
(d) has education, training, or experience that enables him to speak English and a foreign language fluently, and is readily able to interpret simultaneously and consecutively and to sight-translate documents from English into the language of a non-English speaking person, or from the language of that person into spoken English.
(5) 'Victim' means a victim as defined in 16-3-1110.
(6) 'Witness' means a person who testifies in a legal proceeding.
(B)(1) A "qualified interpreter" means a person who:
(1) is eighteen years of age or older;
(2) is not a family member of the party or witness;
(3) is an instructor of foreign language at an institution of education; or
(4) has educational training or experience that enables him or her to fluently speak a foreign language and interpret the language of another person.
An "interpreter" shall not be a person confined to an institution.
Notwithstanding any other provision of law, whenever a party, witness, or victim in a criminal legal proceeding does not sufficiently understand or speak the English language to comprehend the proceeding or to testify, the court must appoint a certified or otherwise qualified interpreter to interpret the proceedings to the party or victim or to interpret the testimony of the witness.
(2) However, the court may waive the use of a certified or otherwise qualified interpreter if the court finds that it is not necessary for the fulfillment of justice. The court must first make a finding on the record that the waiver of a certified or otherwise qualified interpreter is requested by a non-English speaking party, witness, or victim in a legal proceeding; that the waiver has been made knowingly, voluntarily, and intelligently; and that granting the waiver is in the best interest of justice.
(C) The court, through the chief administrative judge for the judicial circuit, shall determine a reasonable fee for the interpreting services, which must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly. The selection, use, and reimbursement of interpreters must be determined under such guidelines as may be established by the Chief Justice of the Supreme Court. All fees for interpreting services must be paid out of the general fund of the State from funds appropriated to the Judicial Department for this purpose by the General Assembly.
(D) The Division of Court Administration shall must maintain a centralized list of certified or otherwise qualified interpreters to interpret the proceedings to a party and testimony of a party or witness. A party or a witness is not precluded from using a qualified interpreter who is not on the centralized list as long as the interpreter meets the requirements of subsection (B) subitem (A)(4) and submits a sworn affidavit to the court specifying his qualifications or submits to a voir dire by the court."
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator HAWKINS explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
H. 3175 (Word version) -- Reps. Clyburn, Wilder, Cobb-Hunter and Whipper: A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JUNE 1, 2001, ANY RETIRED CERTIFIED SCHOOL DISTRICT EMPLOYEE WHO IS NOT A CERTIFIED TEACHER MAY RETURN TO SUCH CERTIFIED EMPLOYMENT IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA, WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW WITHOUT AFFECTING THE MONTHLY ALLOWANCE HE OR SHE IS RECEIVING FROM THE SYSTEM, AND TO PROVIDE THAT BEGINNING JUNE 1, 2001, A CERTIFIED TEACHER ALSO MAY RETURN TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A SCHOOL OR SCHOOL DISTRICT WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW.
Senator MATTHEWS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment (3175R001.JYM) proposed by Senator McGILL and previously printed in the Journal of May 31, 2001.
On motion of Senator McGILL, with unanimous consent, the amendment was withdrawn.
Senator McGILL proposed the following Amendment No. 2 (BBM\ 10448HTC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 9-9-110 of the 1976 Code is amended to read:
"Section 9-9-110. Should any beneficiary return to the service of the State, whether as a member of the General Assembly or otherwise, his retirement allowance shall cease and any optional election shall be null and void.
If such return is a retired member returns to service as a member of the General Assembly, he the retired member shall be may elect to become a contributing member of the System, or may elect to remain a retiree and continue to receive a retirement benefit. The election pursuant to this paragraph is irrevocable and applies for as long as that person serves thereafter in the General Assembly, including service in both regular and extra sessions.
If a retired member returning to serve as a member of the General Assembly elects to become a contributing member, the retired member and shall must be credited with all service standing to his the retired member's credit at the time of his retirement; and the retirement allowance payable upon his the person's subsequent retirement shall must be based on the total of his the person's credited service rendered before and after his return to service.
If a retired member returning to serve as a member of the General Assembly elects to remain a retiree, the retired member may continue to receive a retirement benefit while serving in the General Assembly. A retired member returning to service in the General Assembly who elects to continue to receive a retirement benefit pursuant to this paragraph shall make no further contributions to the system, shall earn no further service credit, may not reenter membership in the system, and has elected to receive a retirement allowance in lieu of receiving the constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session.
If such return is in a position other than as a member of the General Assembly, he shall, upon cessation of service in such position or positions, be entitled to apply for a retirement allowance hereunder at the same rate to which he was previously entitled, disregarding any reduction therein resulting from a previous election of an option.
Notwithstanding any other provision of law, if a retired member returns the return to service is in a position other than as a member of the General Assembly that is covered by the South Carolina Retirement System, the Police Officers Retirement System, or the Retirement System for Judges and Solicitors, the member shall be is subject to the same earnings limitation as under the South Carolina Retirement System." /
Renumber sections to conform.
Amend title to conform.
Senator McGILL explained the amendment.
The amendment was adopted.
Senators RYBERG, GREGORY, COURSON, GIESE and BAUER desired to be recorded as voting against the adoption of the amendment.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
Senators RYBERG, GREGORY, COURSON, GIESE and BAUER desired to be recorded as voting against the third reading of the Bill.
H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.
Senator HAYES asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (DKA\4529MM01), which was withdrawn:
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/ SECTION 3. (A) Section 12-6-3410(J) of the 1976 Code is amended by adding the following item (9) to read:
"(9) 'corporation', 'corporate', 'company', and 'taxpayer' for purposes of this section also include a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791a) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act regardless of whether the limited liability company is treated as a partnership or as a corporation for South Carolina income tax purposes. If treated as a partnership, a limited liability company that qualifies for a credit under this section passes the credit through to its members in proportion to their interests in the limited liability company. Each member's share of the credit is nonrefundable, but is allowed as a credit against any tax under Section 12-6-530 or Section 12-20-50. Each member may carry any unused credit forward as provided in subsection (F). The limited liability company may not carry forward a credit that passes through to its members."
(B) The corporate income tax credit taken against the cost of tangible personal property pursuant to Section 12-6-3410(D) authorized to be taken by those corporations or companies referred to in item (9) of Section 12-6-3410(J) of the 1976 Code above may be taken for taxable years beginning after December 31, 2002. /
Amend further, as and if amended, in SECTION 4 by striking / 2000 / on line 32, page 2, and inserting / 2002 /.
Renumber sections to conform.
Amend title to conform.
On motion of Senator HAYES, with unanimous consent, the committee amendment was withdrawn.
Senators WILSON and SETZLER proposed the following amendment (3885.C001.MRH), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered new SECTIONS:
/ SECTION ___. The last paragraph of Section 4-29-67(C)(2) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"For purposes of those businesses qualifying under Section 4-29-67(D)(4), the five-year period referred to in this subsection is eight years and the seven-year period is ten years. However, for those businesses which, after qualifying under Section 4-29-67(D)(4), have more than five hundred million dollars in capital invested in this State and employ more than one thousand people in this State, the five-year period referred to in this subsection is ten years, and the ten-year extended period referred to in the previous sentence is fifteen years."
SECTION ___. Section 4-29-67(C)(3) of the 1976 Code, as last amended by Act 462 of 1996, is further amended to read:
"(3) The annual fee provided by subsection (D)(2) is available for no more than twenty years. For projects which are completed and placed in service during more than one year, each year's investment may be subject to the fee in subsection (D)(2) for twenty years to a maximum total of twenty-seven years for the fee for a single project which has been granted an extension. For those businesses qualifying under subsection (D)(4), the annual fee is available for no more than thirty years and for those projects placed in service in more than one year the annual fee is available for a maximum of thirty-seven years forty years or, for those businesses qualifying for the fifteen-year extended period, forty-five years." /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senators LEATHERMAN and HAYES proposed the following amendment (DKA\4543MM01), which was adopted:
Amend the bill, as and if amended, by deleting SECTIONS 3 and 4 and inserting:
/ SECTION 3. Section 12-6-3410(J) of the 1976 Code is amended by adding a new item to read:
"(9) 'corporation', 'corporate', 'company', and 'taxpayer' for purposes of this section also include a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act regardless of whether the limited liability company is treated as a partnership or as a corporation for South Carolina income tax purposes. If treated as a partnership, a limited liability company that qualifies for a credit under this section passes the credit through to its members in proportion to their interests in the limited liability company. Each member's share of the credit is nonrefundable but is allowed as a credit against any tax under Section 12-6-530 or Section 12-20-50. Each member may carry any unused credit forward as provided in subsection (F). The limited liability company may not carry forward a credit that passes through to its members."
SECTION 4. This act takes effect upon approval by the Governor and Sections 1 and 2 apply with respect to sales or deeds made or recorded after this date, and Section 3 is applicable to taxable years beginning after December 31, 2000. Provided, however, the corporate income tax credit taken against the cost of tangible personal property pursuant to Section 12-6-3410(D) authorized to be taken by those corporations or companies referred to in Section 12-6-3410(J)(9) of the 1976 Code may be taken for taxable years beginning after December 31, 2002. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
Senators HAYES and GREGORY proposed the following Amendment No. 3 (DKA\4550MM01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 4-12-30(D)(4)(a) of the 1976 Code, as last amended by Act 462 of 1996, is amended by adding at the end:
"(iv) in the case of a business including a corporation, its subsidiaries, and its limited liability company members, that (A) builds a gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that facility and (B) invests an additional five hundred million dollars in this State."
B. Section 4-29-67(D)(4)(a) of the 1976 Code, as last amended by Act 151 of 1997, is further amended by adding at the end:
"(v) in the case of a business including a corporation, its subsidiaries, and its limited liability company members, that (A) builds a gas-fired combined-cycle power facility and invests at least four hundred million dollars and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that facility and (B) invests an additional five hundred million dollars in this State."
C. Section 12-44-30(8) of the 1976 Code is amended by adding at the end:
"(d) at least four hundred million dollars in the building of a gas-fired combined-cycle power facility and creates at least twenty-five full-time jobs as defined in Section 12-6-3360(M) at that facility and invests an additional five hundred million dollars in this State." /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 729 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 7-7-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO DESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, REDESIGNATE CERTAIN PRECINCTS, AND PROVIDE FOR THE APPROVAL OF POLLING PLACES BY THE ORANGEBURG COUNTY LEGISLATIVE DELEGATION.
By prior motion of Senator MATTHEWS, with unanimous consent
The following Bill, having been read the second time, was ordered placed on the third reading Calendar:
H. 3477 (Word version) -- Reps. Vaughn, Tripp, Hamilton, Easterday, Leach, Haskins, Wilkins and Cato: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS AND TO PROVIDE FOR WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
H. 3891 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR CAREGIVERS EMPLOYED IN CHILD DAYCARE CENTERS AFTER JUNE 30, 1994, SO AS TO DELETE THE REQUIREMENT THAT THE CAREGIVER MUST HAVE AT LEAST A HIGH SCHOOL DIPLOMA OR GENERAL EDUCATIONAL CERTIFICATE (GED) AND TO DELETE REQUIREMENTS FOR CAREGIVERS EMPLOYED AS OF JULY 1, 1994.
Senator McCONNELL asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators ALEXANDER and LEVENTIS proposed the following amendment (SWB\5564DJC01), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:
/ SECTION __. Section 16-16-20 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-16-20. (1) It is unlawful for a person to wilfully, knowingly, maliciously, and without authorization or for an unauthorized purpose to do any of the following:
(a) directly or indirectly access or cause to be accessed a computer, computer system, or computer network for the purpose of:
( i) devising or executing any scheme or artifice to defraud;
(ii) obtaining money, property, or services by means of false or fraudulent pretenses, representations, promises; or
(iii) committing any other crime.
(b) alter, damage, destroy, or modify a computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
(2) A person is guilty of computer crime in the first degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim exceeds twenty-five five thousand dollars. Computer crime in the first degree is a felony and, upon conviction, a person must be fined not more than one hundred twenty-five thousand dollars or imprisoned not more than ten years, or both.
(3)(a) A person is guilty of computer crime in the second degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is greater than one thousand dollars but not more than twenty-five five thousand dollars.
(b) A person is also guilty of computer crime in the second degree where:
( i) he interferes with, causes to be interfered with, denies or causes to be denied any computer service to an authorized user of the computer service for the purpose of devising or executing any scheme or artifice to defraud, or obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises, or committing any other felony;
(ii) he deprives the owner of possession of, or takes, transfers, conceals, or retains possession of any computer, data, computer property, or computer-related property, including all parts of a computer, computer system, computer network, computer software, computer services, or information associated with a computer, whether in a tangible or intangible form; or
(iii) the gain derived from the offense made unlawful by subsection (1) or loss suffered by the victim cannot reasonably be ascertained.
(c) Computer crime in the second degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than fifty thousand dollars or imprisoned not more than three years, or both. Upon conviction for a second or subsequent offense, a person is guilty of a felony and must be fined not more than fifty thousand dollars or imprisoned not more than five years, or both.
(4) A person is guilty of computer crime in the third degree if the amount of gain directly or indirectly derived from the offense made unlawful by subsection (1) or the loss directly or indirectly suffered by the victim is not more than one thousand dollars. A person is also guilty of computer crime in the third degree if he wilfully, knowingly, and without authorization or for an unauthorized purpose engages in computer hacking. Computer crime in the third degree is a misdemeanor and, upon conviction, for a first offense, a person must be fined not more than two hundred dollars or imprisoned not more than thirty days. Upon conviction for a second or subsequent offense, a person must be fined not more than two thousand dollars or imprisoned not more than two years, or both."
SECTION __. Section 16-3-850 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"Section 16-3-850. Any retail or wholesale film processor or photo finisher who is requested to develop film, and any computer technician working with a computer who views an image of a child younger than eighteen years of age or appearing to be younger than eighteen years of age who is engaging in sexual conduct, sexual performance, or a sexually explicit posture shall must report the name and address of the individual requesting the development of the film, or of the owner or person in possession of the computer to law enforcement officials in the state and county or municipality from which the film was originally forwarded. Compliance with this section does not give rise to any civil liability on the part of anyone making the report."
SECTION __. Section 16-3-1700 of the 1976 Code, as added by Act 94 of 1995, is amended to read:
"Section 16-3-1700. As used in this article:
(A) 'Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual, physical, or verbal, written, or electronic contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied by the targeted person; and
(4) vandalism and property damage.
Harassment does not include words or conduct that is protected by the constitution of this state or the united states, and does not apply to law enforcement officers or process servers performing their official duties.
(B) 'Stalking' means a pattern of words, or conduct, written, or electronic that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking does not include words or conduct that is protected by the constitution of this state or the united states and does not apply to law enforcement officers or process servers performing their official duties.
(C) 'Aggravated stalking' means stalking accompanied or followed by an act of violence.
(D) 'Pattern' means two or more acts within a ninety-day period.
(E) 'Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person."
SECTION __. Section 16-14-20 of the 1976 Code, as last amended by Act 7 of 1995, is amended to read:
"Section 16-14-20. A person is guilty of financial transaction card theft when he:
(1) takes, obtains, or withholds a financial transaction card or number from the person, possession, custody, or control of another without the cardholder's consent and with the intent to use it; or who, with knowledge that it has been so taken, obtained, or withheld, receives the financial transaction card or number with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
(2) receives a financial transaction card or number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it, sell it, or transfer it to a person other than the issuer or the cardholder;
(3) is not the issuer, and sells a financial transaction card or number or buys a financial transaction card or number from a person other than the issuer;
(4) is not the issuer, and during any twelve-month period, receives financial transaction cards or numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of item (3) of this section and section 16-14-60(A)(3).
A person who commits financial transaction card or number theft is guilty of a felony and, upon conviction, must be sentenced as provided in Section 16-14-100(B)."
SECTION __. Section 16-15-250 of the 1976 Code, as amended by Act 184 of 1993, is further amended to read:
"Section 16-15-250. It is unlawful for a person to anonymously write, print, telephone, transmit a digital electronic file, or by other manner or means, except by telephone, communicate, send, or deliver to another person within this state, without that person's consent, any obscene, profane, indecent, vulgar, suggestive, or immoral message.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both."
SECTION __. Section 16-15-305(A) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 16-15-305. (A) it is unlawful for any person knowingly to disseminate obscenity. A person disseminates obscenity within the meaning of this article if he:
(1) sells, delivers, or provides or offers or agrees to sell, deliver, or provide any obscene writing, picture, record, digital electronic file, or other representation or description of the obscene;
(2) presents or directs an obscene play, dance, or other performance, or participates directly in that portion thereof which makes it obscene;
(3) publishes, exhibits, or otherwise makes available anything obscene to any group or individual; or
(4) exhibits, presents, rents, sells, delivers, or provides; or offers or agrees to exhibit, present, rent, or to provide: any motion picture, film, filmstrip, or projection slide, or sound recording, sound tape, or sound track, video tapes and recordings, or any matter or material of whatever form which is a representation, description, performance, or publication of the obscene."
SECTION __. Section 16-15-315 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"Section 16-15-315. No person shall, as a condition to any sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication, digital electronic file require that the purchaser or consignee receive for resale any other article, book, or publication, or digital electronic file which is obscene within the meaning of section 16-15-305 nor shall any person deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept the articles, books, or publications, or digital electronic files, or by reason of the return thereof. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both."
SECTION __. Section 16-15-325 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"Section 16-15-325. Any individual who knowingly:
(A) photographs himself or any other individual or animal for purposes of preparing an obscene film, photograph, negative, slide, videotapes, or motion picture, or digital electronic files for the purpose of dissemination; or
(B) models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide, videotapes, or motion picture, or digital electronic files for the purpose of dissemination is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than one year and fined not more than one thousand dollars."
SECTION __. Section 16-15-375 of the 1976 Code, as last amended by Act 421 of 1994, is further amended to read:
"Section 16-15-375. The following definitions apply to section 16-15-385, disseminating or exhibiting to minors harmful material or performances; Section 16-15-387, employing a person under the age of eighteen years to appear in a state of sexually explicit nudity in a public place; Section 16-15-395, first degree sexual exploitation of a minor; Section 16-15-405, second degree sexual exploitation of a minor; Section 16-15-410, third degree sexual exploitation of a minor; Section 16-15-415, promoting prostitution of a minor; and Section 16-15-425, participating in prostitution of a minor.
(1) 'Harmful to minors' means that quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:
(a) the average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and
(b) the average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and
(c) to a reasonable person, the material or performance taken as a whole lacks serious literary, artistic, political, or scientific value for minors.
(2) 'Material' means pictures, drawings, video recordings, films, digital electronic files, or other visual depictions or representations but not material consisting entirely of written words.
(3) 'Minor' means an individual who is less than eighteen years old.
(4) 'Prostitution' means engaging or offering to engage in sexual activity with or for another in exchange for anything of value.
(5) 'Sexual activity' includes any of the following acts or simulations thereof:
(a) masturbation, whether done alone or with another human or animal;
(b) vaginal, anal, or oral intercourse, whether done with another human or an animal;
(c) touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female;
(d) an act or condition that depicts bestiality, sado-masochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals, or female breast nipples, or the condition of being fettered, bound, or otherwise physically restrained on the part of the one so clothed;
(e) excretory functions;
(f) the insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.
(6) 'sexually explicit nudity' means the showing of:
(a) uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast; or
(b) covered human male genitals in a discernably discernibly turgid state."
SECTION __. Section 16-15-395 of the 1976 Code, as added by Act 168 of 1987, is amended to read:
"Section 16-15-395. (A) An individual commits the offense of first degree sexual exploitation of a minor if, knowing the character or content of the material or performance, he:
(1) uses, employs, induces, coerces, encourages, or facilitates a minor to engage in or assist others to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity;
(2) permits a minor under his custody or control to engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity;
(3) transports or finances the transportation of a minor through or across this state with the intent that the minor engage in sexual activity for a live performance or for the purpose of producing material that contains a visual representation depicting this activity; or
(4) records, photographs, films, develops, or duplicates, produces, or creates a digital electronic file for sale or pecuniary gain material that contains a visual representation depicting a minor engaged in sexual activity.
(B) In a prosecution under this section, the trier of fact may infer that a participant in a sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.
(C) Mistake of age is not a defense to a prosecution under this section.
(D) an individual A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned for not less than three years nor more than ten years. No part of the minimum sentence of imprisonment may be suspended nor is the individual convicted eligible for parole until he has served the minimum term of imprisonment. Sentences imposed pursuant to this section shall run consecutively with and commence at the expiration of any other sentence being served by the person sentenced."
SECTION __. Section 16-15-405 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-15-405. (A) An individual commits the offense of second degree sexual exploitation of a minor if, knowing the character or content of the material, he:
(1) records, photographs, films, develops, or duplicates produces, or creates digital electronic file material that contains a visual representation of a minor engaged in sexual activity; or
(2) distributes, transports, exhibits, receives, sells, purchases, exchanges, or solicits material that contains a visual representation of a minor engaged in sexual activity.
(B) In a prosecution under this section, the trier of fact may infer that a participant in sexual activity depicted in material as a minor through its title, text, visual representations, or otherwise, is a minor.
(C) Mistake of age is not a defense to a prosecution under this section.
(D) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not less than two years nor more than five years. No part of the minimum sentence may be suspended nor is the individual convicted eligible for parole until he has served the minimum sentence."
SECTION __. Section 16-17-430 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-17-430. (A) It is unlawful for a person to:
(1) use in a telephonic communication or any other electronic means, any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to threaten in a telephonic communication any unlawful act with the intent to coerce, intimidate, or harass another person, or to communicate or convey by telephone telephonic or other electronic means an obscene, vulgar, indecent, profane, suggestive, or immoral message to another person;
(2) threaten in a telephonic communication or any other electronic means an unlawful act with the intent to coerce, intimidate, or harass another person;
(2)(3) telephone or electronically contact another repeatedly, whether or not conversation ensues, for the purpose of annoying or harassing another person or his family;
(3)(4) make a telephone call and intentionally fail to hang up or disengage the connection for the purpose of interfering with the telephone service of another;
(4)(5) telephone or contact by electronic means another and make false statements concerning either the death or injury of a member of the family of the person who is telephoned or electronically contacted, with the intent to annoy, frighten, or terrify that person; or
(5)(6) knowingly permit a telephone under his control to be used for any purpose prohibited by this section.
(B)(1) A person who violates items (1), (2), (3), or (4)(5) of subsection (A) is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years.
(2) A person who violates items (1), (3) (4), or (5)(6) of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."
SECTION __. Section 16-17-470 of the 1976 Code, as last amended by Act 363, of 2000, is further amended to read:
"Section 16-17-470. (A) It is unlawful for a person to be an eavesdropper or a peeping tom on or about the premises of another or to go upon the premises of another for the purpose of becoming an eavesdropper or a peeping tom. The term 'peeping tom', as used in this section, is defined as a person who peeps through windows, doors, or other like places, on or about the premises of another, for the purpose of spying upon or invading the privacy of the persons spied upon and any other conduct of a similar nature, that tends to invade the privacy of others. The term 'peeping tom' also includes any person who employs the use of video or audio equipment for the purposes set forth in this section. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both.
(B) A person commits the crime of voyeurism if, for the purpose of arousing or gratifying sexual desire of any person, he or she knowingly views, photographs, audio records, video records, produces, or creates a digital electronic file, or films another person, without that person's knowledge and consent, while the person is in a place where he or she would have a reasonable expectation of privacy. A person who violates the provisions of this subsection:
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than three years, or both; or
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned not more than five years, or both.
(C) A person commits the crime of aggravated voyeurism if he or she knowingly sells or distributes any photograph, audio recording, video recording, digital electronic file, or film of another person taken or made in violation of this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not less than five hundred dollars, or more than five thousand dollars or imprisoned not more than ten years, or both.
(D) As used in this section:
(1) 'Place where a person would have a reasonable expectation of privacy' means:
(a) a place where a reasonable person would believe that he or she could disrobe in privacy, without being concerned that his or her undressing was being photographed, filmed, or videotaped by another; or
(b) a place where one would reasonably expect to be safe from hostile intrusion or surveillance.
(2) 'Surveillance' means secret observation of the activities of another person for the purpose of spying upon and invading the privacy of the person.
(3) 'View' means the intentional looking upon of another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(E) The provisions of subsection (A) do not apply to:
(1) viewing, photographing, videotaping, or filming by personnel of the department of corrections or of a county, municipal, or local jail or detention center or correctional facility for security purposes or during investigation of alleged misconduct by a person in the custody of the department of corrections or a county, municipal, or local jail or detention center or correctional facility;
(2) security surveillance for the purposes of decreasing or prosecuting theft, shoplifting, or other security surveillance measures in bona fide business establishments;
(3) any official law enforcement activities conducted pursuant to section 16-17-480;
(4) private detectives and investigators conducting surveillance in the ordinary course of business; or
(5) any bona fide news gathering activities.
(F) In addition to any other punishment prescribed by this section or other provision of law, a person procuring photographs, audio recordings, video recordings, digital electronic files, or films in violation of this section shall immediately forfeit all items. These items must be destroyed when no longer required for evidentiary purposes."
SECTION __. Section 16-17-640 of the 1976 Code is amended to read:
"Section 16-17-640. Any person who verbally or by printing or writing, or by electronic communications:
(1) accuses another of a crime or offense;
(2) exposes or publishes any of another's personal or business acts, infirmities, or failings; or
(3) compels any person to do any act, or to refrain from doing any lawful act, against his will;
With intent to extort money or any other thing of value from any person, or attempts or threatens to do any of such acts, with the intent to extort money or any other thing of value, shall be guilty of blackmail, and upon conviction shall be fined not more than five thousand dollars or imprisoned for not more than ten years, or both, in the discretion of the court."
SECTION __. Section 20-7-510(A) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or christian science practitioner, religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any daycare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, or persons responsible for processing of films, computer technician, or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect." /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 321 (Word version) -- Senator Leatherman: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-737 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL WINE PERMIT TO CONDUCT NOT MORE THAN SIX WINE TASTINGS AT THE RETAIL LOCATION IN A CALENDAR YEAR.
Senator PEELER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The House returned the Bill with amendments.
Senators PEELER, ALEXANDER, O'DELL, GIESE, HOLLAND, WILSON, PATTERSON, MATTHEWS, PINCKNEY and GLOVER proposed the following amendment (GJK\20771SD01):
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 33-42-75. Any manufacturer, brewer, or importer of beer as referenced in Section 61-4-1115, or its affiliate may hold an interest in a limited partnership providing financial assistance to a general partner wholesaler, but may only exercise that control of the limited partnership business as is permitted by this Uniform Limited Partnership Act. However, in no event may the limited partner, directly or indirectly, have any managerial control or decision-making authority including personnel decisions, with respect to the day-to-day operations of the limited partnership, and upon a default by the general partner wholesaler, the limited partner is not entitled, directly or indirectly, to any additional control, ownership, or financial interest in the general partner wholesaler, nor may the limited partner become the general partner in the limited partnership. No manufacturer, brewer, or importer of beer or its affiliate licensed in this State, directly or indirectly, may have any financial or ownership interest in the general partner wholesaler. It is further declared an unfair trade practice for any manufacturer, brewer, or importer of beer or its affiliate holding an interest in a limited partnership providing financial assistance to a general partner wholesaler pursuant to this section to have directly or indirectly any managerial control or decision-making authority, including personnel decisions, with respect to the day-to-day operations of the limited partnership.
The only financial assistance that may be provided under the provisions of this section is the initial financial assistance to the limited partnership to acquire a licensed beer wholesaler. In this arrangement for financial assistance, the federal basic permit and the wholesaler's license issued by the department must be issued in the name of the general partner wholesaler on behalf of the limited partnership, and not in the name of the limited partnership nor in the name of the manufacturer, brewer, or importer or its affiliate.
The limited partnership may not exist for more than ten years from the date of its creation and may not be recreated, renewed, or extended beyond that date. The limited partnership shall not be considered as amending or otherwise altering Title 61 except for the limited purposes permitted in this section in connection with a manufacturer, brewer, or importer of beer or its affiliate who is licensed in this State providing the financial assistance. A manufacturer, brewer, or importer or its affiliate shall not mandate, directly or indirectly, that a wholesaler use the financial assistance as described in this section.
A violation of this section is deemed to be a violation of the South Carolina Unfair Trade Practices Act." /
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
Senator LEVENTIS spoke on the amendment.
At 6:00 P.M., Senator THOMAS assumed the Chair.
Senator LEVENTIS continued speaking on the amendment.
At 6:07 P.M., the PRESIDENT assumed the Chair.
Senator LEVENTIS continued speaking on the amendment.
Senator LEVENTIS asked unanimous consent to make a motion to take up Amendment No. 3 for immediate consideration.
Senator HAWKINS objected.
Senator LEVENTIS continued speaking on the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ford Giese Grooms Jackson Land Leventis Moore Short
Alexander Bauer Branton Courson Elliott Fair Gregory Hawkins Hayes Hutto Leatherman Martin Matthews McConnell McGill Mescher O'Dell Patterson Peeler Pinckney Ravenel Reese Richardson Ritchie Ryberg Setzler Smith, J. Verne Thomas Verdin Waldrep Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senator LEVENTIS continued speaking on the amendment.
Senator LEVENTIS raised a Point of Order that Amendment No. 1A was out of order inasmuch as the title deals with Article 7, Chapter 4, Title 61 and the amendment pertains to Title 33.
The PRESIDENT took the Point of Order under advisement.
The Bill was carried over.
H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTIONS OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, THE ECONOMIC DEVELOPMENT AUTHORITY, POLITICAL SUBDIVISIONS, TELECOMMUNICATIONS, AND OTHER SECTIONS OF TITLE 12; AND TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO SALES AND USE TAXES OR TOLLS AS REVENUE FOR TRANSPORTATION FACILITIES; AND TO AMEND ACT 588 OF 1994, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT AND ACT 441 OF 2000, RELATING TO THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT; TO MAKE CERTAIN SUBSTANTIVE AND TECHNICAL CHANGES. (ABBREVIATED TITLE)
Senator ALEXANDER asked unanimous consent to make a motion to take up the Bill for immediate consideration.
Senator JACKSON objected.
S. 187 (Word version) -- Senators Rankin, Short and Hutto: A BILL TO AMEND SECTION 56-5-6410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A CHILD PASSENGER RESTRAINT SYSTEM IN A MOTOR VEHICLE THAT TRANSPORTS A CHILD UNDER SIX YEARS OF AGE, SO AS TO PROVIDE THAT A CHILD FOUR YEARS OF AGE OR MORE WHO CANNOT SIT WITH THEIR BACKS STRAIGHT AGAINST THE VEHICLE SEAT BACK CUSHION WITH KNEES BENT OVER A VEHICLE'S SEAT EDGE MUST BE SECURED BY A BELT-POSITIONING BOOSTER SEAT PRESCRIBED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.
Senator WILSON asked unanimous consent to take the Bill up for immediate consideration.
Senator J. VERNE SMITH objected.
Having received a favorable report from the Spartanburg County Delegation, the following appointment was confirmed in open session:
Initial Appointment, Spartanburg County Magistrate, with term to commence April 30, 1999, and to expire April 30, 2003
John T. Poole, Jr., 485 Grand Oak Way, Moore, S.C. 29369
On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of all the brave men and women who gave their lives while serving in the branches of the Armed Forces of their country during the D-Day Invasion of World War II on the occasion of the 57th anniversary of the D-Day Invasion of June 6, 1944.
At 6:35 P.M., on motion of Senator RYBERG, the Senate adjourned to meet tomorrow at 11:00 A.M.
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